Ross v. Orr

The opinion of the court was delivered by

Wachenfeld, J.

The question here is one of procedure and the inquiry is whether or not, on defendants’ opening, the court can direct a verdict for the plaintiffs before any evidence is taken. The case was certified here on our own motion.

The action was commenced in the Monmouth County Court for the recovery of money due under a contract for the sale and delivery of certain garage equipment. The defendants’ answer denied the matters set forth in the complaint and alleged that, as a condition precedent, the plaintiffs agreed to deliver the garage…