New England Road Machinery Co. v. Howard

This is an action of contract with a declaration in common counts and specifications. The defendant filed a general denial and also special matter of defense. A hearing was had by the court, findings of fact were filed and judgment was for the plaintiff to recover a balance due for the first four items of the specifications less an amount that had been paid thereon. The case is here on exceptions of the defendant. The record does not show any exception to the judgment but that omission does not preclude us from considering and disposing of trial questions properly raised and brought before us by a bill of exceptions. State v. Barnett , 110 Vt. 221, 227, 3 A.2d 521, and cases cited.