Beers v. Wardwell
Massachusetts Supreme Judicial Court
Contract. Writ in the Superior Court for the county of Middlesex dated March 8, 1905. The third count of the declaration was as follows: “ And the plaintiff says that at divers times . . . the plaintiff contracted with the defendant to buy and the defendant contracted with the plaintiff to sell certain securities enumerated in the account hereto annexed marked ‘ B ’ and being the securities the tickets for which are in said account alleged as bearing odd numbers and also…
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Contract. Writ in the Superior Court for the county of Middlesex dated March 8, 1905. The third count of the declaration was as follows: “ And the plaintiff says that at divers times . . . the plaintiff contracted with the defendant to buy and the defendant contracted with the plaintiff to sell certain securities enumerated in the account hereto annexed marked ‘ B ’ and being the securities the tickets for which are in said account alleged as bearing odd numbers and also that the plaintiff then and there contracted with the defendant to sell and the defendant with the plaintiff to buy certain…
1Opinion of the CourtBraley, J.
In the trial of the case before a judge without *239a jury, the only evidence introduced was an auditor’s report, and the question is whether, as matter of law, the judge was required to find for the plaintiff. The auditor having come to no final decision in favor of either party, but only having found and reported the facts, it was competent for the, judge to draw such inferences from the statements in the report as they fairly would warrant, even if contrary to some of the auditor’s conclusions. Wirth v. Kuehn, 191 Mass. 51, 53, and cases cited.
By a waiver of the first and second counts, the…
2Cases cited5 opinions
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
- Barnes v. SmithMassachusetts Supreme Judicial Court · 1893
- Lyons v. CoeMassachusetts Supreme Judicial Court · 1901
- Wakefield v. FarnumMassachusetts Supreme Judicial Court · 1898
- Wirth v. KuehnMassachusetts Supreme Judicial Court · 1906
3Cited by8 opinions
- Adams v. DickMassachusetts Supreme Judicial Court · 1917
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Fisher v. DoeMassachusetts Supreme Judicial Court · 1910
- Fiske v. DoucetteMassachusetts Supreme Judicial Court · 1910
- Adams v. East Boston Co.Massachusetts Supreme Judicial Court · 1920
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