Cutler v. United Shoe Machinery Corp.

This is an action of contract brought by the plaintiff as administrator of the estate of Frederick M. Furber. The declaration is in two counts, the first for the alleged breach of a written contract of employment entered into between the plaintiff’s intestate and the defendant, the second for the recovery of compensation for work and labor alleged to have been performed by the plaintiff at the request of the defendant.

The case was tried before a judge of the Superior Court, without a jury, upon an agreed statement of facts which, in substance, so far as material to the issues to be de*343cided,…