Cromwell v. Chance Marine Construction Co.

The controversy, in this case, is over the sale of a motorboat.

The declaration is in assumpsit, upon the usual common counts. The defendant pleaded the general issue pleas, and the trial in the Court' below resulting in a judgment for the defendant, the plaintiff brings this appeal.

At the trial s single exception was taken and that was, to the ruling of the Court, at the close of the plaintiff’s testimony, in granting the defendant’s prayer, withdrawing the case from the consideration of the jury, and directing a verdict for the defendant.

The sole question presented, on the appeal, is whether…