John A. Frye Shoe Co. v. Williams

This is an action of contract or tort, the count in contract in the declaration being to recover damages for an alleged breach of warranty in the sale of composition soles that are used in the manufacture of shoes, and the count in tort being to recover damages for the alleged fraudulent representations of the defendant concerning the subject matter of this sale.' The case was referred to an auditor, whose findings of fact were to be final. The defendant’s motion, hereinafter referred to, to recommit the report to the auditor was denied, subject to his exception. He also *658excepted to the…