Emerson v. Patch
Massachusetts Supreme Judicial Court
Contract on an account annexed for wood sold and delivered to Charles Dustin, the defendant’s testator. After the former trial, reported 123 Mass. 541, the case was tried in the Superior Court, before Brigham, C. J., and the plaintiff put in evidence the report of an auditor in his favor, and rested his case.
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Contract on an account annexed for wood sold and delivered to Charles Dustin, the defendant’s testator. After the former trial, reported 123 Mass. 541, the case was tried in the Superior Court, before Brigham, C. J., and the plaintiff put in evidence the report of an auditor in his favor, and rested his case. The report of the auditor stated the following facts: The plaintiff sold the wood, charged in the account annexed, to Edward Foye, who was then engaged in manufacturing bricks for Dustin, under a written agreement, by the terms of which Dustin agreed to furnish all necessary materials…
1Opinion of the CourtGray, C. J.
An auditor’s report is made by statute prima facie, not conclusive evidence. The final conclusion of the auditor in favor of either party is as subject to be rebutted or controlled in the opinion of the jury, or of the judge when the case is tried without a jury, by the evidence or the particular facts or findings stated in the auditor’s report, as by other evidence introduced at the trial. Gen. Sts. c. 121, § 46. Commonwealth v. Cambridge, 4 Met. 35, 40. Taunton Iron Co. v. Richmond, 8 Met. 434, 436. Bradford v. Stevens, 10 Gray, 379. *301Peru Co. v. Whipple Manuf. Co. 109 Mass. 464, 466. Fair…
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