Thwing v. Clifford
Massachusetts Supreme Judicial Court
Contract on an account annexed for advertising and selling a lodging-liouse. Trial in the Superior Court, before Barher, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that the plaintiffs were employed as brokers by the defendant; that they agreed to inform the defendant if they sent a purchaser, and advertised the premises, and in consequence one Ellis went to the plaintiffs’ office and told them he wanted such premises for…
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Contract on an account annexed for advertising and selling a lodging-liouse. Trial in the Superior Court, before Barher, J., who allowed a bill of exceptions, in substance as follows: There was evidence tending to show that the plaintiffs were employed as brokers by the defendant; that they agreed to inform the defendant if they sent a purchaser, and advertised the premises, and in consequence one Ellis went to the plaintiffs’ office and told them he wanted such premises for a friend; that after some conversation the plaintiffs informed Ellis about the premises, and then agreed with him that,…
1Opinion of the CourtColburn, J.
No particular form in alleging and saving exceptions is required. If the court understands that counsel except to a ruling, or refusal to rule, a refusal of instructions, or instructions given to a jury, it is sufficient. Leyland v. Pingree, 134 Mass. 367. The danger in not taking an exception expressly and formally is, that the judge may not *484understand that counsel intends to except, and thus the exception be lost.
In the present case, we must assume, from the fact that the judge allowed the exceptions, that he understood the counsel of the defendant excepted to his refusal to instruct the…
2Cases cited1 opinion
- Leyland v. PingreeMassachusetts Supreme Judicial Court · 1883
3Cited by11 opinions
- Quinn v. BurtonMassachusetts Supreme Judicial Court · 1907
- Alvord v. CookMassachusetts Supreme Judicial Court · 1899
- Clarke v. City of Fall RiverMassachusetts Supreme Judicial Court · 1914
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Commonwealth v. Min SingMassachusetts Supreme Judicial Court · 1909
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