Carter, Moore & Co. Inc. v. Donahue

This is an action of contract heard by a judge in the Superior Court without a jury to enforce an arbitration award made by the American Arbitration Association. The judge made a finding for the plaintiff and assessed damages in the amount of $10,156.80. The case is here on exceptions to the denial of the defendant’s two requests for rulings and to the denial of his motion for a new trial.

There was evidence that the plaintiff, on January 15, 1960, sold to the defendant ‘ ‘ 20 bales of wool nails. ’ ’ When the shipment arrived in Boston, the defendant refused to take delivery of the…