Silver v. Miller

Opinion by

Flood, J.,

The defendant appeals from the refusal of a new trial after a verdict for the plaintiff. Apart from the refusal of certain points for charge, as to which we find no error, the basis of the defendant’s complaint is the trial judge’s refusal to receive certain additional evidence after the testimony was closed and the closing arguments made, but before the charge. The court held that the offer was made too late.

The suit was for certain sums due the plaintiff for painting two houses, owned by the defendant, under an oral contract with Brynwyd, Inc. The parties stipulated the…