Rider v. Pease , 119 Mass. 492 ( 1876 )

By the Court.

We are of opinion that the evidence of the plaintiff’s conversations with Pease and with Thayer was sufficient to warrant a jury in finding that the defendants had refused to perform the contract. It follows that the ruling of the learned judge in favor of the defendants was incorrect, and, by the terms of the report, there must be a New trial.