Judgment, insofar as appealed from, reversed on the law and the facts and new trial granted, with costs to abide the event.
The Trial Justice received evidence as to an alleged contract for the purchase of the lease or of the lease and the business. In arriving at his decision he stated that the contract could not be considered as evidence of the value of the lease. After the evidence had been received the Trial Justice was obliged to determine what were the terms...
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