CONDON, Chief Justice.
This is an action of assumpsit which was submitted to a justice of the superior court for his determination on an agreed statement of facts. He rendered a decision in favor of the defendant, holding therein that the statute on which the plaintiff based its declaration did not create a right of action in its behalf against the defendant and, further, that if it did the action would properly be in case and not in assumpsit. The plaintiff excepted...
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