New England Foundation Co. v. Elliott & Watrous, Inc.

This was originally an action of contract for breach of warranty. By amendment the action became one of contract or tort and a fourth count was added to the declaration. The case was tried by a judge of the Superior. Court sitting without jury, who found for the defendant on the counts based upon the alleged breach of warranty and for the plaintiff on the fourth count.

Apart from an exception to the admission of evidence, which has not been argued, the bill of exceptions does not disclose that the defendant saved any exceptions. A reference to the docket entries of the Superior Court and to…