Washington Food Shop, Inc. v. S. M. Spencer Mfg. Co.

This court entertains this ease- upon a. so-called “case stated” wherein the- agreed statement of facts presents the question whether on all the facts contained therein and the inferences therefrom, (there being no stateiment therein to the effect that the court isl not to draw inferences) Ward v. Great Atlantic & Pacific Tea Co., 231 Mass. 90, 92; West Roxbury v. Minot, 114 Mass. 546; a finding for the plaintiff was warranted as a matter of law, Frati v. Jannini, 226 Mass. 430 ; and to this end no requests for rulings were necessary to bring this ease -before this court. D’Olimpio v.…