Cain v. Ferry

141 N.E. 675, 247 Mass. 472, 1924 Mass. LEXIS 792

Opinion

By the court.

This is an action of contract to recover wages alleged to be due to the plaintiff from the defendant. The chief defence is that by novation another was substituted for the defendant as debtor to the plaintiff. According to the testimony of the plaintiff no facts existed to warrant a finding of novation. The defendant’s several “ requests for rulings ” were requests for findings of facts. The general finding of the judge in favor of the plaintiff imported a belief of her testimony and required a refusal to make the findings asked by the defendant.

Order dismissing report affirmed.