214 Mass. 469 | Mass. | 1913
The defendants were having certain alterations and repairs made in a factory building occupied by them in Boston, and in connection therewith had employed a firm of electrical
The case was sent to an auditor and he in effect ruled that what Millett and Miles had written did constitute such order and that its subsequent presentation to the defendants by the plaintiff constituted a "receipt of an order from Millett & Miles” within the meaning of the words written and signed by the defendants. At the trial the plaintiff introduced the auditor’s report and rested. The defendants introduced no evidence and asked the judge to rule that on all the evidence the plaintiff was not entitled to recover and to direct a verdict for the defendants. Other rulings were asked for by the defendants to the effect that they were not liable unless the plaintiff procured and presented to them an order from Millett and Miles, and that no such order had been procured and presented. The judge refused to give the rulings requested and the defendants excepted. Thereupon, by agreement of parties, a verdict was directed for the plaintiff subject to the defendants’ exceptions, for the amount found due by the auditor.
As the view which we have taken of the effect of the indorsement by Millett and Miles is decisive against the right of the plaintiff to recover, it is not necessary to consider whether, as argued by the defendants, they would have been entitled to notice from the plaintiff in case it had procured an order from Millett and Miles.
Exceptions sustained.