McComb v. C. R. Brewer Lumber Co.
Massachusetts Supreme Judicial Court
Contract, with three counts as stated by the court. Writ dated April 24, 1900. In the Superior Court the case was tried before Aiken, J. The jury found for the plaintiff, in the sum of $137.65, assessing damages on the first count at $136.65, and on the third count at $1. The plaintiff alleged exceptions.
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Contract, with three counts as stated by the court. Writ dated April 24, 1900. In the Superior Court the case was tried before Aiken, J. The jury found for the plaintiff, in the sum of $137.65, assessing damages on the first count at $136.65, and on the third count at $1. The plaintiff alleged exceptions. The third count, which is the only one material to the exceptions, was as follows: “And the plaintiff says that in June, 1899, the defendant by its agent came to the plaintiff and with intent to deceive and defraud the plaintiff, falsely and fraudulently represented to him that the defendant…
1Opinion of the CourtHammond, J.
The declaration contains three counts. The first is contract to recover a month’s salary as the defendant’s treasurer; the second is contract for not complying with certain promises made in the sale of certain stock to the plaintiff by the defendant; and the third is tort for deceit in the same sale. No question was raised as to the pleadings, whether for misjoinder of counts or otherwise, and the case went to trial upon the declaration as it stood. At the close of the evidence the plaintiff waived the second count and the case went to the jury upon the first and third counts, upon each of…
2Cited by5 opinions
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