Waterhouse v. Levine

182 Mass. 407 (1903)


P sued D for goods sold and delivered. D plead a former judgment was a bar to the action. D's exception to the former trial was that the goods were sold on credit and that credit had not yet expired when the first action was begun. The trial judge refused that defense and found for P, as the only issue decided at the prior trial was that it was prematurely taken. D appealed.