Loughran v. Del Santo

This is an action of assumpsit which was tried in the superior court and resulted in a verdict for the plaintiff in the sum of $1,118. The trial justice denied defendants’ motion for a new trial if plaintiff would remit all of the damages in excess of $720. The plaintiff duly filed such a remittitur and defendants have brought the case here on a bill of exceptions to the denial of their motion and to certain rulings on the admission of evidence.

The declaration is in three counts, namely, breach of contract, book account, and the common counts. It was made more definite by a bill of…