Bartlett v. Newton

This case was reported to this court, for the rendition of such judgment as the law and the evidence require, upon so much of the latter as is legally admissible. The issue presented is purely one of fact. It should be resolved by a trier of facts, passing upon the credibility of witnesses giving testimony sharply conflicting, after having the benefit of observing them on the stand. Associated Fish Products Co. v. Hussey, 145 Me. 388, 71 A. (2nd) 519. The report must be discharged, and the case remanded to be tried at nisi prius.

The primary issue is whether the plaintiff had a trade with the…