Town of Brookline v. Crane Construction Co.

This is an action of contract arising from the construction of a fire station by the defendant for the plaintiff. The plaintiff seeks to recover the sum of $1,900 which it alleges it paid the defendant under a mutual mistake of fact, together with interest on the sum so paid. The case is before this court on a report of a judge of the Superior Court who directed a verdict for the defendant upon the plaintiff’s claim, and a verdict for the plaintiff on the defendant’s declaration in set-off, subject to exceptions of the respective parties.

The report recites the following facts: On June 25,…