Saturday, December 28, 2013

Manning v. Loew case brief

Manning v. Loew case brief summary
46 N.E.2d 1022 (1943)

CASE SYNOPSIS
Plaintiff appealed from a decision of the Suffolk Superior Court (Massachusetts) directing a verdict for the defendant in plaintiff's action for breach of contract.

CASE FACTS
Plaintiff filed an action of contract against defendant, claiming they had an agreement where plaintiff would be a companion for the defendant in exchange for his obtaining a screen test for her to become an actress.

DISCUSSION

  • The court here determined that the action of the trial judge in directing a verdict for the defendant was not error, and that there was a variance between the declaration of the plaintiff and the proof offered. 
  • The court found that plaintiff's admitted sexual conduct with the defendant was not consistent with her promise to act as a daughter to the defendant .

CONCLUSION
The court affirmed the action of the judge in directing a verdict for the defendant and overruled the plaintiff's exceptions.


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