C. W. Hunt Co. v. Boston Elevated Railway Co.

It was settled by the former decision in this case (199 Mass. 220) that in the hearing before the auditor there had been a mistrial on the question of damages. The auditor’s findings of fact by the agreement of the parties were to be final. Accordingly it was ordered that the case should be recommitted to him for three purposes: (1) to correct an error in the allowance of interest on the sums found due to the Hunt Company for extras. This has been done, and as to this no question is made by either party.

In the second and third matters, there was to be a further hearing (2) on the damages…