COUNIHAN, J.
This is an action of contract in which the plaintiff, a common carrier, seeks to recover the price of a quantity of phonograph records, alleged to have been shipped C.O.D. $120 by the Record Manufacturing Co., hereinafter called Record, to the defendant. The action was brought in the Municipal Court of the City of Boston by the plaintiff as an assignee of Record. The answer of the defendant so far as material was a general denial and
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