Russolino v. A. F. Rotelli & Sons, Inc.

This is an action of assumpsit on the common counts. It was tried before a justice of the superior court, sitting without a jury, who rendered a decision for the plaintiff for $7,432.81 with interest at 6 per cent from the date of the writ to the date of the decision, September 15, 1954. Both parties have prosecuted bills of exceptions to this court, the plaintiff because he claims that the amount awarded him was too small, and the defendant because it claims such amount was too large.

The plaintiff’s bill contains nine exceptions, but in his brief and argument he discussed only the one…