[DOWNLOAD] "Bucholz v. Green Bros. Co." by Supreme Court of Minnesota * Book PDF Kindle ePub Free

eBook details

Title: Bucholz v. Green Bros. Co.
Author : Supreme Court of Minnesota
Release Date : January 05, 1935
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

FIELD, Justice. This is an action of contract. After a trial in the superior court before a jury, where there was a verdict for the plaintiff, the case came here on exceptions. This court decided that there was a variance between the allegations of the declaration and the proof and made the following order: The plaintiff is given leave, if so advised within thirty days after the date of the rescript, to file a motion in the Superior Court for appropriate amendments to his declaration so that it may conform to the proof; if such motion is filed and after hearing, preferably by the Judge who presided at the trial, is allowed, then the exceptions are overruled; if such motion is not filed, or is denied if filed, the exceptions must be sustained. 272 Mass. 49, 56, 172 N.E. 101, 104.