Frati v. Jannini
Massachusetts Supreme Judicial Court
Contract on an account annexed for $40.50, with one item, dated May, 1915, “To 27 days wages at $45 per month as cook.” Writ in the Municipal Court of the City of Boston dated July 1, 1915. On removal to the Superior Court the case was submitted to Hall, J., upon an “Agreed Statement of Facts,” which is quoted in full in the opinion.
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Contract on an account annexed for $40.50, with one item, dated May, 1915, “To 27 days wages at $45 per month as cook.” Writ in the Municipal Court of the City of Boston dated July 1, 1915. On removal to the Superior Court the case was submitted to Hall, J., upon an “Agreed Statement of Facts,” which is quoted in full in the opinion. The judge found for the plaintiff and assessed damages in the sum of $43.18. He ordered judgment accordingly, and from the judgment entered in pursuance of the order the defendants appealed. R. L. c. 156, § 6, referred to in the opinion, is as follows: "Questions…
1Opinion of the CourtRugg, C. J.
This case was heard by a judge in the Superior Court upon what is termed in the record “Agreed Statement of Facts.” “Agreed facts,” “agreed statement of facts,” and other phrases of similar tenor, often are used somewhat loosely.
There are three ways in which a case at law may be presented for decision on its merits. One is. by the introduction of oral and documentary evidence in the ordinary way, which results ultimately in a verdict if the trial is had before a jury, or in a finding if the trial is had before a judge. The second way is by an agreement of the parties as to the evidence which…
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