Rozen v. Cohen

Cohen presents exceptions to the refusal of the trial judge (a) to direct a verdict for him upon count 7 of the declaration, asserting breach of contract; (b) to the failure of the judge to enter a verdict in accordance with leave reserved; and (c) to give certain requested instructions. Other counts (including counts in tort) are not now in issue.

Count 7 alleges (a) that Cohen “entered into a contract with” the Rozens to act as their agent “to satisfy , . . [their] insurance needs ... as determined hy . . . [them] and to keep . . . [them] advised of matters pertinent thereto”; and (h) that…