MALLOY v. COLDWATER SEAFOOD CORP.


338 Mass. 554 (1959)

156 N.E.2d 61

FRANCIS P. MALLOY vs. COLDWATER SEAFOOD CORPORATION.

Supreme Judicial Court of Massachusetts, Suffolk.

February 11, 1959.


Attorney(s) appearing for the Case

Daniel A. Lynch, (Alfred J. Bedard, of New York with him,) for the defendant.

John Kimball, Jr., (Earle C. Cooley with him,) for the plaintiff.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.


WHITTEMORE, J.

The plaintiff had a verdict in this action of contract to recover broker's commissions for the sale of frozen fish. The defendant's exceptions are to the denial of certain requests, to rulings in respect of an auditor's report and other evidence, to parts of the judge's charge, and to the denial of a motion for new trial.

We state the facts as the jury could have found them, viewing the evidence most favorably for the plaintiff. The terms of...

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