Household Engineers Inc. v. Ryder

This is an action of contract to recover the price of a radio, and for labor and materials. At the close of the plaintiff’s evidence the defendant without resting made a motion for a finding in his favor “on the ground that the plaintiff had not made out a prima facie case.” The record states that this “motion was denied and the defendant’s exception duly noted.” The proper procedure on the part of the trial judge would have been to decline to pass on the motion until the defendant rested. It is not clear from the record but that this was the reason on which the judge refused to grant the…