Harford v. Lloyd E. Mitchell, Inc.

The trial judge, Dyer, J., relying upon Combustion Engineering Co. v. Hunsberger, 171 Md. 16, 187 A. 825 (1936), directed a verdict in favor of the appellee (Mitchell) against the appellant (Harford), plaintiff below, at the conclusion of Harford’s case. We think he should have relied upon Fields v. Reid-Hayden, Inc., 188 Md. 449, 53 A. 2d 24 (1947), in which we distinguished Hunsberger and followed Clough & Molloy, Inc. v. Shilling, 149 Md. 189, 131 A. 343 (1925). Had he done so we think he would have been obliged to deny Mitchell’s motion, thereby shifting to it the burden of going forward…