Kincaid v. School District No. 4
Supreme Judicial Court of Maine
In this case, which came up from the C. C. Pleas on exceptions to the ruling of the Judge, the plaintiff claimed to recover $110, compensation for his services in repairing a school-house. The defendants proved a payment of $63,43 in part, arid relied on a tender of $36,67 for the residue. The tender was made by one jHumphrey Snow, an inhabitant of said District, he having no prior authority for that purpose regularly given him by the inhabitants of said District.
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In this case, which came up from the C. C. Pleas on exceptions to the ruling of the Judge, the plaintiff claimed to recover $110, compensation for his services in repairing a school-house. The defendants proved a payment of $63,43 in part, arid relied on a tender of $36,67 for the residue. The tender was made by one jHumphrey Snow, an inhabitant of said District, he having no prior authority for that purpose regularly given him by the inhabitants of said District. The plaintiff refused to receive the tender in full of his claim, but was willing to take it and give a receipt for the amount. At…
1Opinion of the Court
Mellen C. J.
This case comes before us on exceptions, and the only question thereby presented is, whether the instruction of the Judge before whom the cause was tried in the Court of Common Pleas was correct in respect to the tender on which the defendants relied. A payment of $63,43 was proved in part of the plaintiff’s demand, and a tender was made of $36,67. The Judge instructed the jury that the tender was made by a person lawfully authorized to make it, and that the sum tendered was suilicient — if they should be satisfied that the labor and materials furnished by the plaintiff were not…
2Cited by2 opinions
- Forderer v. SchmidtCourt of Appeals for the Ninth Circuit · 1907
- Roberts v. MeighenSupreme Court of Minnesota · 1898