Bartlett v. Chisholm

On exceptions by defendant, Richard A. Chisholm, to the acceptance of a referee’s report. Plaintiff’s action to recover a real estate broker’s commission was referred under rule of court with the right to except as to matters of law. The referee found for the plaintiff. The first objection sharply raises a jurisdictional question. The objection reads:

“1st. The Referee erred in ruling that the declaration could be regarded as having been amended, and further in ruling that the Plaintiff’s action was not barred because there was no allegation in Plaintiff’s pleadings that at the time of the…