Harding v. Pratt
Massachusetts Supreme Judicial Court
Contract upon two counts: the first for moneys expended at the defendant’s request upon premises leased to him by the plaintiff ; and the second for use and occupation. Answer, to the first count, a general denial, and to the second count, payment of a part of the claim and tender of the rest.
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Contract upon two counts: the first for moneys expended at the defendant’s request upon premises leased to him by the plaintiff ; and the second for use and occupation. Answer, to the first count, a general denial, and to the second count, payment of a part of the claim and tender of the rest. The causes of action set forth in the two counts were separate and distinct, and at the trial in the Superior Court evidence was offered by the plaintiff and by the defendant upon both counts, the part payment set up in the answer to the second count was admitted, and the only question under that count…
1Opinion of the CourtGray, C. J.
A verdict having been rendered upon one only »f the two counts upon which issue had been joined, and the *189cause of action set forth in the other count not having been determined by further trial, discontinuance or otherwise, the whole case was not finally disposed of in the court below, and these exceptions have been prematurely entered in this court. Safford v. Knight, 117 Mass. 281. Hall v. Briggs, 18 Pick. 503. Sutton v. Dana, 1 Met. 383. Exceptions dismissed.
2Cases cited2 opinions
- Safford v. KnightMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. ThorntonCourt of Appeals of Kentucky · 1858
3Cited by3 opinions
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Commonwealth v. FosterMassachusetts Supreme Judicial Court · 1877
- Boyce v. WheelerMassachusetts Supreme Judicial Court · 1882