Fellows, Gamage Co. v. Jackman

This action was originally brought in 1931 against one Moore and one Jane Doe Jackman, doing business under the name and style of The Oaks. The latter was never served, and the former ceased to be a defendant by discontinuance in 1933, after the present defendant Howard Jackman had been brought into the case by amendment.

The case was presented to the Superior Court upon the *572report of an auditor whose findings of fact were to be final. It was not denied that the goods set forth in the declaration were delivered at a restaurant called The Oaks. The plaintiff contended that The Oaks was operated…