FERLA v. ROTELLA

Ex. No. 10197.

169 A.2d 906 (1961)

Vincent FERLA v. Ernest ROTELLA.

Supreme Court of Rhode Island.

April 26, 1961.


Attorney(s) appearing for the Case

Zietz and Sonkin, James Radin, Providence, for plaintiff.

Grande & Grande, Aram K. Berberian, Providence, for defendant.


PAOLINO, Justice.

This action of assumpsit was heard by a justice of the superior court sitting without a jury and resulted in a decision for the plaintiff for the full amount claimed by him. The defendant excepted to such decision on the grounds that there was a fatal variance between the plaintiff's proof and the pleadings. The case is before this court only on that exception.

It may be well to point out at this time that the record before us includes only...

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