Cleasby v. Reynolds
| Decision Date | 20 June 1904 |
| Citation | 26 R.I. 236,58 A. 786 |
| Parties | CLEASBY v. REYNOLDS. |
| Court | Rhode Island Supreme Court |
Assumpsit by Franklin G. Cleasby against Edwin Reynolds. Defendant petitions for a new trial. Denied.
Argued before STINESS, C, J., and TILLINGHAST and DOUGLAS, JJ.
James A. Williams, for plaintiff.
Harry C. Curtis, for defendant.
The special count sets out that, as part consideration for the plaintiff's services, the defendant agreed to procure for the plaintiff 500 shares of stock. The evidence was that on receipt of this stock the plaintiff was to pay 51 cents per share. This is doubtless a variance. But this statement of the contract could not have surprised the defendant inasmuch as his own testimony not only corroborates the plaintiff in this regard, but adds the further fact that the plaintiff offered to pay him the 51 cents per share if he would deliver the stock. The fact being undisputed, the count may be amended to conform to it, as was done in Spicers v. Harvey, 9 R. I. 582; Prefontaine v. Roberge, 20 R. I. 418, 39 Atl. 892; Stearns v. Drake, 24 R. I. 272, 52 Atl. 1082. When this is done, the record will conform to the facts, and can be relied on in bar of another action for the same cause.
Petition for new trial denied. Judgment in accordance with the decision will be entered when the plaintiff shall have amended his special count.
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R.I. Hosp. Trust Co. v. Sherman
...been held proper by this court. Spicers & Peckham v. Harvey, 9 R.I. 582; Prefontaine v. Roberge, 20 R.I. 418, 39 A. 892; Cleasby v. Reynolds, 26 R.I. 236, 58 A. 786. Under a permissive statutory provision similar to the Rhode Island one above quoted, it has often been held by other courts t......
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Shepard Land Co. v. Banigan
...or final decision was permitted, see Spicers v. Harvey, 9 R. I. 582; Prefontaine v. Roberge, 20 R. I. 418, 39 Atl. 892; Cleasby v. Reynolds, 26 R. I. 236, 58 Atl. 786. Section 3 of chapter 285 of the General Laws provides, among other things, that no "judgment or other proceeding in civil c......
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Thomas v. Newport Oil Corp., 9722
...interior thereof to a point below freezing.' Even in this court they did not ask leave to amend unless their reference to Cleasby v. Reynolds, 26 R.I. 236, 58 A. 786, may be construed as an implied request. In that case the court found that there was a variance but that the defendant was no......
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...actually had been made before trial. The motion to amend is granted. See Eaton v. Case, 17 R. I. 429, 22 Atl. 943; Cleasby v. Reynolds, 26 R. I. 236, 58 Atl. 786. The verdict was $98 in excess of the jurisdiction of the court in a case commenced in a district court. See Walker Ice Co. Blanc......