Reports of Cases Adjudged in the Court of Appeals of the District of Columbia (Volume 44) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916. Excerpt: ... Evidence; Contracts; Breach Op Promise Op Marriage; Trial. 1. When a written contract is entered into, all previous negotiations be tween the parties, and verbal statements made by them, are merged in the written instrument. (Following Magruder v. Belt, 7 App. D. C. 303.) 2. Where a special contract remains executory, the plaintiff must sue upon it. (Following Magruder v. Belt, supra, and Broun v. Commercial F. Ins. Co. 21 App. D. C. 335.) 3. Where the declaration in an action for breach of promise of marriage contained two counts, the first in assumpsit for breach of a verbal promise of marriage, and the second in covenant for breach of a written contract of marriage under seal, executed by both parties; and on the trial, at the close of the plaintiff's case in chief, the defendant moved for the direction of a verdict in his favor on the second count; whereupon the plaintiff abandoned that count, and elected to stand on the first count; and at the close of all of the evidence the defendant moved to direct a verdict in his favor on the ground that there could be no recovery on the first count, as the evidence showed an unexecuted written contract between the parties, --it was held, in finding that the lower court erred in overruling the last motion and submitting the case to the jury, that the defendant was not estopped, by any alleged inconsistency in the positions assumed by him on the trial, to raise the question of error in refusing his motion to direct a verdict, nor by his offering special and inconsistent prayers for instruction when his motion was overruled. No. 2861. Submitted December 11, 1915. Decided January 3, 1916. Hearino on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia on verdict in an action to...