WILLIAMS, J.
This is a petition to establish the truth of the plaintiff's exceptions in an action of contract which were disallowed as "not conformable to the truth." G.L.c. 231, § 117. The petition was referred to a commissioner and the case comes before us on his report.
The bill of exceptions states that the case was submitted to the jury at about 2:30 P.M. on Thursday, October 10, 1957. Having failed to arrive at a verdict at the close of court hours...
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