Wedge v. Butler

The case is here on exceptions to thé acceptance and confirmation by the lower court, of the report of a referee of its appointment, whose decision, in an action of trover for one planer, a machine for smoothing the surface of wood, was for the defendant. The reference expressly made questions of law reviewable. Rules of Supreme Judicial Court and Superior Court, No. 42.

In this opinion, the parties will hereafter be referred to by their designations in the court below.

On November 2, 1933, plaintiff sold and delivered the planer, which he had operated in a box mill, to one Whittier; the…