165 Mass. 337 | Mass. | 1896
The defendant argues that the special facts found by the auditor do not warrant his conclusion that the goods were delivered at points on the line of the Portland and Rumford Falls Railroad. The auditor finds that the packages were marked for those points, and were delivered to an express-man to take to the freight office in Boston, that bills of lading and what purported to be a receipt from some one at the freight
It is argued further that there was no evidence that the goods were furnished to the buyer during the continuance of the works to be performed by him as required by the guaranty. It does not appear that the auditor’s attention was called to this point, and therefore the details of his report are less definite with regard to it than they might have been. Plainly, from the evidence offered by the plaintiff as to what contractors were in the habit of furnishing their employees, it was understood or assumed that the goods were within the contract in this respect. But it is enough to say that the auditor found for the plaintiff, and that nothing about the matter appears in his report which shows that he was wrong. These are the only points argued.
Exceptions overruled.