Wetherbee v. Potter
Massachusetts Supreme Judicial Court
Contract, alleging that the plaintiff and the defendant agreed to join in buying a colliery in Pennsylvania, each contracting to furnish one half of the purchase money, which was $50,000; that the plaintiff paid his full share of the price, but the defendant neglected and refused to pay more than $5000, and that towards supplying the deficiency the plaintiff was compelled to pay $15,000 on the defendant’s account; with a count for $18,000 as money paid to the use of the…
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Contract, alleging that the plaintiff and the defendant agreed to join in buying a colliery in Pennsylvania, each contracting to furnish one half of the purchase money, which was $50,000; that the plaintiff paid his full share of the price, but the defendant neglected and refused to pay more than $5000, and that towards supplying the deficiency the plaintiff was compelled to pay $15,000 on the defendant’s account; with a count for $18,000 as money paid to the use of the defendant at his request. The answer contained a general denial of the defendant’s liability; alleged that the contract…
1Opinion of the CourtWells, J.
The court was not bound to rule upon the sufficiency of the plaintiff’s evidence to maintain the action, before the whole testimony was closed upon both sides. It is entirely a matter of discretion whether to do so or not, and is not open *360to exception. This has been too often decided to admit of any question. Bassett v. Porter, 4 Cush. 487. McGregory v. Prescott, 5 Cush. 67. Morgan v. Ide, 8 Cush. 420. Barrett v. Malden & Melrose Railroad Co. 3 Allen, 101. Manning v. Albee, 14 Allen, 8. Bradley v. Poole, 98 Mass. 179.
The principal ground of objection to the plaintiff’s recovery is that the…
2Cases cited2 opinions
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
3Cited by39 opinions
- Dunphy v. RyanSupreme Court of the United States · 1886
- Nash v. LullMassachusetts Supreme Judicial Court · 1869
- Alderman v. NobleMassachusetts Supreme Judicial Court · 1936
- Goodell v. SviokclaMassachusetts Supreme Judicial Court · 1928
- Witherington v. EldredgeMassachusetts Supreme Judicial Court · 1928
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