Downey Co. v. Whistler

This is an action of contract tried to a jury in the Superior Court. At the close of all the testimony the trial judge ordered the jury to return a verdict for the defendants. The plaintiff duly excepted. “The case is reported to the Supreme Judicial Court upon the agreement of the parties that if it should have been submitted to the jury, it may stand for a new trial, otherwise the verdict to stand.”

The defendants named in the writ are “Ross Whistler and Gerald D. Boardman as they are Trustees under a Declaration of Trust entitled ‘282 Beacon Street Trust.’” The declaration alleges, in…