SPALDING, J.
The declaration in this action of contract or tort originally contained three counts. Count 1 (contract) and count 3 (conversion) having been waived, the case was tried on count 2. In this count the plaintiff sought to recover for the loss of a Mack diesel tractor on or about November 30, 1962, which the plaintiff had entrusted to the defendant for repairs, and which, by reason of the defendant's alleged negligence, was not returned.
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