Winegar v. Earle

This is a civil action to recover the unpaid balance of the agreed minimum consideration for the sale of a medical practice. It was tried to a Superior Court justice who, sitting without a jury, rendered a decision for the defendant on the latter’s plea that the claim was barred by the statute of limitations. From the judgment accordingly entered, plaintiff seasonably appealed.

•The ultimate facts are not in dispute and are readily-stated. They establish that on December 15, 1959, plaintiff, a successful practicing obstetrician and gynecologist in Benton Harbor, Michigan, concluded…