Church v. Leavenworth
Supreme Court of Connecticut
• ■ ^ MOTION for a new trial. This was an action of assumfisit demanding damages for tjje non-performance of a written contract entered # * into between the plaintiff and defendant. The agreement recited, that Leavenworth had under-ta^en t0 superintend the performance of certain work, in consideration of which Church promised to pay to Leavenworth for his services, two dollars per day, to be paid monthly > and he on his part agreed to perform the stipulated services.
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• ■ ^ MOTION for a new trial. This was an action of assumfisit demanding damages for tjje non-performance of a written contract entered # * into between the plaintiff and defendant. The agreement recited, that Leavenworth had under-ta^en t0 superintend the performance of certain work, in consideration of which Church promised to pay to Leavenworth for his services, two dollars per day, to be paid monthly > and he on his part agreed to perform the stipulated services. The defendant pleaded performance as - to part, and a release as to the residue. The plaintiff traversed only the fact of…
1Opinion of the Court
Swift, 3.
This is a motion for a new trial on the ground that the court admitted in evidence a verdict be-twéen the same parties in a prior case, and charged the jury that by law it was conclusive.
To make a verdict evidence, it must appear from the record, that the same point was directly in issue between the parties in the former case, and was found by the jury. But in this case, it was not necessary for the defendant in the former action against the present plaintiff to have proved all the facts put in issue in this action'$ form that action, the then plaintiff might have recovered wages,…
2Cited by13 opinions
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- Abbe v. GoodwinSupreme Court of Connecticut · 1829
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