CONDON, Chief Justice.
This is an action of assumpsit which was tried before a justice of the superior court sitting without a jury and resulted in a decision for the defendant. The case is here on the plaintiff's bill of exceptions containing several exceptions, but he is pressing only his exception to the decision, the others having been expressly waived.
Under such exception he contends that the decision is erroneous for two reasons. In the first place...
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