M. K. Smith Corp. v. Ellis

Under the first count of the plaintiff’s amended declaration, it seeks to recover the sum of $750, the cost of the construction of a cider tank for the defendant, at his request. The answer of the defendant admits that he made a verbal agreement with the plaintiff to build a tank in which to store cider, but that the tank as constructed was not suitable for that purpose, and never was accepted by the defendant. The case was referred to an auditor whose findings of fact were to be final. The judge of the Superior Court, after hearing upon the auditor’s report, found for the defendant on the…