Kelly v. Beede
Massachusetts Supreme Judicial Court
Contract to recover $100, money had and received by the defendant to the plaintiff’s use, on June 6, 1881. At the trial in the Superior Court, before Rockwell, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtC. Allen, J.
This case turns upon the construction to be given to the language of the instructions of the presiding judge to the jury; and this depends upon an examination of the posture of the case at that time, and a consideration of what questions were then material.
The position of the plaintiff was this:' that a disagreement had arisen between him and the defendant as to which one of two lots of land had been originally agreed to be conveyed, the plaintiff contending that it was lot No. 8, and the defendant *185contending that it was lot No. 7; that, in view of this disagreement, the parties met, and made…
2Cited by1 opinion
- Barron v. International Trust Co.Massachusetts Supreme Judicial Court · 1903