S. M. S. Sales Co. v. New England Motor Freight, Inc.

This civil action for money damages was tried without a jury before a Superior Court justice. After the hearing he rendered a decision awarding the plaintiffs damages in the amount of $686 against the defendant, New England Motor Freight, Inc.; awarding the latter damages in the amount of $686 against third-party defendant, Emkay Chemical Co., Inc.; and awarding the plaintiffs damages in the amount of $4,315.39 on its- direct claim against Emkay. The case is before us on Emkay’s appeal from the denial of its motion for a new trial.

Emkay has briefed and argued its appeal under four main…