Maguire

This is a petition to establish the truth of the plaintiff’s exceptions in an action of contract which were disallowed as “not conformable to the truth.” G. L. c. 231, § 117. The petition was referred to a commissioner and the case comes before us on his report.

The bill of exceptions states that the case was submitted to the jury at about 2:30 p.m. on Thursday, October 10, 1957. Having failed to arrive at a verdict at the close of court hours, the jury were allowed to separate and go home and were “informed” to reassemble on the next morning to continue with their deliberations. “Such…