BAKER, Justice.
This action of the case in assumpsit was tried before a justice of the superior court sitting without a jury. He found in favor of the plaintiff in the sum of $5,405.76 and the defendant has duly prosecuted its bill of exceptions to this court.
The declaration contains a count upon a written contract and also the common counts. It appears from the evidence that the plaintiff, an engineer and contractor, on January 5, 1948 in New York City entered...
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