154 Mass. 159 | Mass. | 1891
By agreement between the parties, the auditor’s report was treated as a statement of agreed facts; and it was further agreed, that if, upon such statement, “ the auditor ought not, as a matter of law, to have found for the plaintiff, judgment to be entered for the defendant; otherwise, for the plaintiff.” The case was tried by the court below, without a jury, and judgment ordered for the plaintiff, from which the defendant appealed. The question is whether, as matter of law, upon the facts found by him, the finding of the auditor in favor of the plaintiff was wrong, and we are of opinion that it was not.
It is true, as appears from the auditor’s report, that both husband and wife testified that the husband was not the agent of
Judgment affirmed.