Norton v. University of Maine
Supreme Judicial Court of Maine
On exceptions by plaintiff. Assumpsit on account annexed brought to recover the sum of $635.50, and interest, for labor in excavating 205 cubic yards of ledge below grade for the foundation of the Agricultural Building at Orono. Plea, the general issue.
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On exceptions by plaintiff. Assumpsit on account annexed brought to recover the sum of $635.50, and interest, for labor in excavating 205 cubic yards of ledge below grade for the foundation of the Agricultural Building at Orono. Plea, the general issue. At the conclusion of the plaintiff’s testimony the presiding Justice directed the jury to return a verdict for the plaintiff for $132.65 and no more, the amount conceded to be due by the defendant, and a verdict was so returned. The plaintiff excepted to the aforesaid order. The case is stated in the opinion.
1Opinion of the CourtCornish, J.
This is an action of assumpsit on an account annexed wherein the plaintiff seeks to recover the sum of six hundred and thirty-five dollars and fifty cents for labor in excavating 205 cubic yards of ledge below grade for the foundation of the Agricultural building of the University of Maine at Orono. The plaintiff in August or September, 1907, made an oral contract with a representative of the defendant for excavating the cellar of this building, the price agreed upon being sixty cents per cubic yard for all dirt, and three dollars and ten cents per cubic yard for all ledge removed. Work was…
2Cases cited8 opinions
- The ReesideU.S. Circuit Court for the District of Massachusetts · 1837
- Stuart v. City of CambridgeMassachusetts Supreme Judicial Court · 1878
- Sawtelle v. DrewMassachusetts Supreme Judicial Court · 1877
- Davis v. GalloupeMassachusetts Supreme Judicial Court · 1872
- Nonotuck Silk Co. v. FairMassachusetts Supreme Judicial Court · 1873
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3Cited by2 opinions
- Everett v. RandSupreme Judicial Court of Maine · 1957
- United States ex rel. T. M. Page Corp. v. HenslerDistrict Court, S.D. California · 1954