Beaudette & Graham Co. v. Therrien

Upon the facts determined at the trial the defendant is as matter of law entitled to judgment, as claimed in the brief statement, for the excess of the amount found as damages for breach of warranty over the amount due on the notes. Johnson v. Association, 68 N. H. 437. The exception to the denial of his motion therefor is sustained.

The ■ exception was seasonably taken. A party is not called on to object or except until he is “aggrieved by the ruling, direction, or judgment of the superior court.” Laws 1901, c. 78, s. 5. If at the conference the court had informed counsel he proposed to…