O'CONNELL, J.
This action of assumpsit was tried in the superior court before a justice thereof sitting with a jury and resulted in a verdict for the plaintiff in the sum of $933.34. Thereafter the defendant's motion for a new trial was denied and he has duly prosecuted his bill of exceptions to this court.
The declaration is in two counts. The first count alleges an agreement by defendant to pay plaintiff certain sums as commissions and for work performed...
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