Hunter v. Allen

By the Court, Welles, J.

The action before the justice was upon a warranty of the quality or material of the cases of a watch, sold by the defendant to the plaintiff The warranty alleged was that the cases of the watch were of gold, fifteen carats fine. On the trial the plaintiff gave evidence tending to support the action, and which in my opinion made out aj> rima facie case, at least enough to have been submitted to a jury, and was sufficient to justify the justice in refusing a nonsuit. When the plaintiff had rested, the defendant moved for a nonsuit, which the justice denied. There was no…