(DOWNLOAD) "Donahue v. Dal" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Donahue v. Dal
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 17, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
COX, Justice. The first count of the declaration is upon an account annexed for services rendered as sales agent. The second count is upon an alleged contract whereby the defendant employed the plaintiff to introduce its goods to the trade, and to make sales, as its exclusive representative, for a reasonable period, sufficient to enable him to earn from the agreed commissions substantial remuneration to compensate him for his time and expenses. Further allegations are that the defendant dismissed the plaintiff after he had rendered valuable service under the contract. It is not alleged that both counts are for the same cause of action. The defendant's answer, among other things, contains a claim of recoupment on account of leather alleged to belong to it which the plaintiff refused to return. The case was heard by an auditor whose findings of fact were not to be final. Thereafter the case was tried to a jury upon the auditor's report and other evidence, and a general verdict was returned for the plaintiff. The trial Judge, subject to the defendant's exceptions, denied a motion for the direction of a general verdict, for a finding on each count, and for a directed verdict on both counts because of a material variance between the pleadings and the evidence. The defendant also excepted to matters of evidence, to the denial of its requests for rulings, its motion for a new trial, and requests for rulings thereon.
 "Donahue v. Dal" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free){kind=link}