Rooney v. Porter-Milton Ice Co.

This is an action of contract, which was heard in the Superior Court before a judge without a jury, and comes to this court, after a finding for the plaintiff, on the exceptions of the defendant to the admission of evidence and the refusal of the trial judge to instruct himself as requested by the defendant. The declaration contains two counts for the same cause of action, the first in quantum meruit and the other upon an account annexed. The answer is a general denial and payment.

The evidence warranted a finding that the plaintiff at and before the time of his alleged services to the…