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SMITH v. GRAHAM REFRIGERATION PRODUCTS CO. INC.

333 Mass. 181 (1955)

129 N.E.2d 884

FREDERICK W. SMITH vs. GRAHAM REFRIGERATION PRODUCTS COMPANY, INC.

Supreme Judicial Court of Massachusetts, Hampden.

November 4, 1955.

Attorney(s) appearing for the Case

Ralph W. Crowell & John W. Hird, II, for the plaintiff.

William A. Godfrey & William C. Giles, Jr., for the defendant.

Present: QUA, C.J., RONAN, SPALDING, WILLIAMS, & COUNIHAN, JJ.

SPALDING, J.

In this action of contract the plaintiff seeks to recover sums allegedly due from the defendant for salary and commissions. The case was referred to an auditor, whose findings of fact were not to be final. After the filing of the auditor's report neither party reserved the right to introduce further evidence and the case was heard by a judge on the plaintiff's motion for judgment on the auditor's report. The judge ordered judgment for the plaintiff in...

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