Massachusetts Supreme Judicial Court December 1, 1899 (Carpenter v. Fisher)

Loring, J.

The second instruction requested should have been given. The defendant had the right to assume in this *12instruction tliat the plaintiff claimed to have been employed by the defendant as a broker. In both counts of his declaration he made allegations to that effect. He so testified : and his counsel in this court so contended in the brief on which the case was submitted.