SUPERLINE TRANSPORTATION CO. v. MY BREAD BAKING CO.


350 Mass. 364 (1966)

214 N.E.2d 885

SUPERLINE TRANSPORTATION COMPANY, INC. vs. MY BREAD BAKING COMPANY (and a companion case).

Supreme Judicial Court of Massachusetts, Bristol.

March 7, 1966.


Attorney(s) appearing for the Case

Malcolm Jones (Vieri G. Volterra with him) for Superline Transportation Company, Inc.; Gerald Franklin, for C.G. Bowman, Inc., also with him.

Charles R. Desmarais for the defendant.

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


SPALDING, J.

These are two actions of contract against the same defendant (My Bread) to recover the difference between the rates prescribed by the Department of Public Utilities (department) and the amounts actually received. Both cases were referred to an auditor whose findings were not to be final. Thereafter the cases were heard by a judge on the auditor's reports and some documentary evidence. Since this evidence did...

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