Mello v. Board of Water Supply

OPINION OF THE COURT BY

PARSONS, J.

This is an action entitled in assumpsit and tried in the circuit court jury waived. At the conclusion of plain tiff’s evidence defendant moved “for a judgment on the pleadings, on the ground that there is a failure of proof to conform to the allegations specified in the contract.” The court, quoting from its written decision, “considered said motion as a motion for involuntary nonsuit,” and sustained the same, and judgment dismissing the cause at plaintiff’s costs was thereupon entered. The case is before us upon plaintiff’s hill of exceptions. The bill…