Leeds v. Cetenich

• Decision Date: 20 April 1906
• Citation: 67 A. 446
• Parties: LEEDS v. CETENICH.
• Court: Rhode Island Supreme Court

67 A. 446

LEEDS

v. CETENICH.

Supreme Court of Rhode Island.

April 20, 1906.

Action by Lodonich Leeds against Mary E. Cetenich. Verdict for plaintiff. Defendant petitions for new trial. New trial granted, and cause remitted for further proceedings.

Andrew B. Patton and Thomas J. Flynn, for plaintiff. Washington R. Prescott, for defendant.

PER CURIAM. It is very evident that the jury after correctly finding, on the evidence, that the plaintiff did not fulfill his contract with the defendant when they came to make up their general verdict, failed to make proper allowance for the damages occasioned to the defendant by this failure. It appears from all the evidence that the defendant's damages were probably greater than the amount due the plaintiff, after a proper reduction of his charges, and that the general verdict should have been for the defendant on her plea of set-off. A new trial is granted, and it is suggested that a reference to an auditor may facilitate an accurate adjustment of the accounts between the parties.

The cause is remitted to the superior court for further proceedings.