Beaudette v. Cavedon

In this action of assumpsit a verdict was rendered against defendant Cavedon in the sum of 11,497.08. His motion for new trial was denied and he is here on exception. He also urges an exception to the trial court’s refusal to direct a verdict in his favor on the ground of variance between declaration and proof.

The writ ran against Cavedon, Lavimodiere and Charleson. The latter was not served. The declaration consisted of the common counts and, in each, these three men were asserted to be indebted. Gauvin, who as will later appear participated in making the contract which plaintiff sought to…