Haves Realty Corp. v. Colton

This case is an equitable one, and the issue presented a question of fact between the contending parties. At the end of plaintiff’s ease the court undoubtedly had the right to dismiss if the plaintiff failed to make out a cause of action which satisfied the court’s conscience. The procedure followed here was a little unusual. The learned justice, at the close of plaintiff’s case, called the defendant to the stand and interrogated him regarding a certain letter which had been sent by the defendant to the plaintiff. The defendant then was excused and was not cross-examined by plaintiff’s…