Heron v. Webber
Supreme Judicial Court of Maine
On motion and exceptions by defendant. Assumpsit upon an account annexed to recover for 156 weeks’ room rent at $1.50 per week, brought in the Superior Court, Kennebec County. Plea, the general issue. Tried at the November term, 1906, of said Superior Court. Verdict for plaintiff for $116.51. The defendant took exceptions to the refusal of the presiding Justice to give certain requested rulings, and also filed a general motion for a new trial.
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On motion and exceptions by defendant. Assumpsit upon an account annexed to recover for 156 weeks’ room rent at $1.50 per week, brought in the Superior Court, Kennebec County. Plea, the general issue. Tried at the November term, 1906, of said Superior Court. Verdict for plaintiff for $116.51. The defendant took exceptions to the refusal of the presiding Justice to give certain requested rulings, and also filed a general motion for a new trial. The plaintiff based her action upon an alleged express contract made between her and the defendant April 4, 1904, whereby, as she alleged, the…
1Opinion of the CourtCornish, J.
This was an action of assumpsit upon an account annexed for 156 weeks’ room rent at $1.50 per week, amounting to $234. The case comes to the Law Court on motion and exceptions by the defendant.
We think the motion should be sustained.
The plaintiff bases her action upon an alleged express contract made between the parties on April 4, 1904, whereby the defendant agreed to pay the plaintiff $5.50 per week for board and room rent from that date. She admits that he has regularly paid her the sum of $3.50 per week, but she claims that that sum covered simply the table board, and that the room rent…
2Cited by3 opinions
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