Harris v. Berry
U.S. Circuit Court for the District of District of Columbia
Quantum meruit for carpenter’s work and labor upon the defendant’s house, in Prince George’s county, Maryland. Verdict for the plaintiff [William A. Harris] for $1,500. The defendant [Thomas Berry] moved the court for a new trial — -(1) on the ground that the verdict was against the law and the evidence; (2) that the court erred in admitting evidence to go to the jury against the objection of the defendant.
1Opinion of the Court
BY THE COURT
(nem. con.). This is a mor tion by the defendant for a new trial on the ground that the court permitted the plaintiff’s counsel, who had been surprised and disappointed by his witness, who testified that certain charges in the plaintiff’s account were too high, although he had before examined the account and declared it to be correct and that the amount charged was reasonable; whereupon the plaintiff’s counsel asked the witness whether he had not before ex7 amined the account and made no objection to the prices charged. The counsel for the defendant objected that if the witness…
2Cases cited3 opinions
- Stockton & Stokes v. DemuthSupreme Court of Pennsylvania · 1838
- Queen v. StateCourt of Appeals of Maryland · 1821
- Brown v. OsgoodSupreme Judicial Court of Maine · 1846