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Civil Procedure Keyed to Friedenthal
Roberts v. Ross
Facts
Plaintiff brought an action against Defendant to recover $3,087.50 that was allegedly owed to the Plaintiff for services rendered in finding a buyer for a house Defendant built in St. Thomas. Defendant denied making any such promised payment and filed an amended answer in which he claimed the Statute of Frauds (SOF) defense. The trial judge entered an order stating that he had found for the Defendant on the issues and directed counsel for Defendant to file within 10 days the proposed findings of fact, conclusions of law and draft of a judgment. Counsel for the Plaintiff was given leave within 10 days to file objections, which he did. The judge then signed the Defendant’s findings of fact, conclusions of law and judgment prepared without change. It was concluded that as a matter of law the Plaintiff had failed to prove by a preponderance of the evidence that the sale of the property was procured through agency of the Defendant. And the promise not being in writing was within th e SOF. Plaintiff appealed.
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