Union Co-Operative Store v. Fumagalli

This is an action of contract to recover rent alleged to be due and unpaid under á written lease of real estate. Trial was by jury. At the close of all the evidence each party moved for a directed verdict. The plaintiff’s motion was granted and the defendant excepted.

After the motions had been made the presiding judge said: “Both parties having moved for a directed verdict, under the circumstances the Court will direct a verdict in accordance with what the evidence, in the opinion of the court requires.” Counsel for the defendant at once excepted “to the ruling of the Court that it is now the…