Wheeler v. Wheeler
Massachusetts Supreme Judicial Court
Contract on an oral agreement. At the trial in the Superior Court, before Brigham, C. J., the plaintiff offered in evidence the report of an auditor, who found that there was an implied agreement on the part of the defendant to abide by and perform the contract set forth in the declaration.
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Contract on an oral agreement. At the trial in the Superior Court, before Brigham, C. J., the plaintiff offered in evidence the report of an auditor, who found that there was an implied agreement on the part of the defendant to abide by and perform the contract set forth in the declaration. The plaintiff’s counsel stated to the presiding judge, before resting his case on the report alone, that the plaintiff had other evidence of the contract relied on, which he might wish to put in after the defendant’s case was closed; to which the judge replied that a plaintiff, having an auditor’s report…
1Opinion of the Court
By the Court.
The evidence rejected was part of the plaintiff’s case, and it was within the discretion of the judge to admit or reject it when offered in rebuttal. Lowe v. Pimental, 115 Mass. 44. Exceptions overruled.
2Cases cited1 opinion
- Lowe v. PimentalMassachusetts Supreme Judicial Court · 1874
3Cited by3 opinions
- Philadelphia & Reading Coal & Iron Co. v. City of BostonMassachusetts Supreme Judicial Court · 1912
- Pickering v. ReynoldsMassachusetts Supreme Judicial Court · 1875
- Sweeney v. Cumberland County Power & Light Co.Supreme Judicial Court of Maine · 1916