George J. Wolf Co. v. Fulton Realty Co.

The opinion of the court was delivered by

Swayze, J.

The District Court judge was justified in finding as a fact that Drayton had no authority to make the contract on behalf of the defendant, and we cannot review his finding.

The question whether the plaintiff was entitled as of right to submit to a voluntary nonsuit after the judge had begun to announce his decision is novel. We have held that the provision of the Practice act prohibiting a voluntary non-suit after the jury have gone from the bar to consider of their verdict is applicable to District Courts. Greenfield v. Cary, 41 Vroom 613.…