Ridenour v. H. C. Dexter Chair Co.
Massachusetts Supreme Judicial Court
Contract, with a declaration, as amended, in three counts, the first and second for $1,331.47 for commissions alleged to have been earned by the plaintiff as a salesman, and the third for $225, claimed as a share of profits in a branch of the defendant’s business alleged to be due to the plaintiff under an oral contract between him and the defendant.
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Contract, with a declaration, as amended, in three counts, the first and second for $1,331.47 for commissions alleged to have been earned by the plaintiff as a salesman, and the third for $225, claimed as a share of profits in a branch of the defendant’s business alleged to be due to the plaintiff under an oral contract between him and the defendant. Writ in the Municipal Court of the City of Boston dated March 24, 1908. There was a declaration in set-off in two counts, the first count, as amended, claiming $1,971.54 on an account annexed, and the second count, also upon an account annexed,…
1Opinion of the CourtBraley, J.
The refusal to grant a new trial on the defendant’s motion, that the jury must have disregarded the instructions, was discretionary, and cannot be reviewed on exceptions. Lord v. Rowse, 195 Mass. 216, 219, 220. Its further request, that upon all the evidence the verdict was unwarranted, sought to raise a question which was not open, as it should have been raised before verdict. Loveland v. Rand, 200 Mass. 142, 144.
The exceptions taken at the trial relate to the refusal to rule as requested, and to the instructions.
It was conceded, that the amount found by the auditor, to whom the case was…
2Cases cited9 opinions
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Loveland v. RandMassachusetts Supreme Judicial Court · 1908
- McLean v. RichardsonMassachusetts Supreme Judicial Court · 1879
- Bass v. EdwardsMassachusetts Supreme Judicial Court · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Weiner v. D. A. Schulte, Inc.Massachusetts Supreme Judicial Court · 1931
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- Boston Supply Co. v. RubinMassachusetts Supreme Judicial Court · 1913
- Berwin v. LevensonMassachusetts Supreme Judicial Court · 1942
15 more not listed; retrieve them via the Exa API.