ROMBOLA v. COSINDAS


351 Mass. 382 (1966)

220 N.E.2d 919

PAUL ROMBOLA vs. PETER COSINDAS.

Supreme Judicial Court of Massachusetts, Norfolk.

November 7, 1966.


Attorney(s) appearing for the Case

John J.C. Herlihy (Frank E. Rowbotham with him) for the plaintiff.

Anthony G. Muello for the defendant.

Present: SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


KIRK, J.

The sole question presented by the bill of exceptions of the plaintiff (Rombola) in this action of contract is whether the judge committed error in directing a verdict for the defendant (Cosindas) on the plaintiff's opening statement to the jury.

We state the substance of the plaintiff's case, as outlined in the opening statement. By the terms of a written contract with Cosindas, Rombola agreed to train, maintain and race Cosindas's horses, Margy...

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