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DALEY v. J.F. WHITE CONTRACTING CO.

347 Mass. 285 (1964)

197 N.E.2d 699

ROBERT L. DALEY & another vs. J.F. WHITE CONTRACTING COMPANY.

Supreme Judicial Court of Massachusetts, Norfolk.

April 8, 1964.

Attorney(s) appearing for the Case

George W. McLaughlin for the defendant.

Gregory Sullivan for the plaintiffs.

Present: WILKINS, C.J., SPALDING, KIRK, SPIEGEL, & REARDON, JJ.

SPIEGEL, J.

This is an action of contract by the owners of adjoining parcels of land in Randolph to recover damages for an alleged breach of a written contract for the sale of 100,000 yards of "[b]orrow and other fill material." The case was referred to an auditor, who filed a report. Thereafter the case was tried before a judge of the Superior Court, without jury, "upon the auditor's report." The defendant filed "requests for rulings" which are set forth in

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