KIRK, J.
The plaintiff (the Authority) was awarded damages in this action of contract for the use and occupation by the defendant (Save-Mor) of part of the premises which were taken by eminent domain by the Authority from Subob Realty, Inc. (Subob), the lessor of Save-Mor. The case was heard by a judge without jury upon the report of an auditor whose findings were not final. A consolidated bill of exceptions wherein the Authority excepted to the denial of a request...
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