206 Mass. 391 | Mass. | 1910
This case was before us in 200 Mass. 162, where the plaintiff’s exceptions to a ruling directing a verdict for the defendant at the close of the plaintiff’s evidence were sustained, and the case was sent back for a new trial. The case has now been fully tried on both sides, both the plaintiff and the defendant testifying, which neither did at the former trial. At this trial there was a verdict for the plaintiff, and the case is now here on exceptions by the defendant to the refusal of the presiding judge to rule that on all the evidence the plaintiff was not entitled to recover, and to the admission of certain evidence.
The defendant contends that the case as it now comes before us is distinguishable from the case as formerly presented. The
The only exception to the admission of evidence which has been argued by the defendant is that to the admission of a conversation between the plaintiff’s husband and Spooner and a man by the name of West, at which the defendant was not present, which related to a cashing of one of the mortgages by West. The plaintiff’s husband testified that, upon his objecting that he could not take the purchase price all in mortgages but must have some money, the defendant said “ I will, have a man there to cash it,” meaning, evidently, one or more of the mortgages. The plaintiff’s husband also testified that West was introduced to him by Spooner as the man who was to cash the mortgages. And it could have been found that he was there pursuant to the defendant’s undertaking as part of the sale and purchase to find a man who would cash one or more of the
The other exceptions to the admission of evidence have not been argued and we treat them as waived.
Exceptions overruled.