SPALDING, J.
This is an action of contract to recover for fuel allegedly furnished by the plaintiff to the defendants. Originally there were three defendants, Hamacher, Hoskins, and Fine, but it appeared at the trial that Hoskins had died prior to the commencement of the action and upon motion of the plaintiff he was eliminated as a party. A verdict was directed in favor of the defendant Hamacher, and the jury returned a verdict against the defendant Fine, who brings...
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