Morse v. Moore
Supreme Judicial Court of Maine
On exceptions. This was an action of assumpsit to recover for two cargoes of ice, under a written contract which appears in the opinion of the court. The verdict was for the plaintiffs, for the full contract price with interest.
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On exceptions. This was an action of assumpsit to recover for two cargoes of ice, under a written contract which appears in the opinion of the court. The verdict was for the plaintiffs, for the full contract price with interest. The defendant contended, at the trial, that the ice shipped was not such as was called for by the contract; and that its quality was such, on account of excessive sap, that it had no market value and was worthless when loaded on board the vessels in this State, or was at least worth very much less than the contract price. Both cargoes were discharged in March, 1888,…
1Opinion of the CourtPeters, C. J.
The controversy in this case grows out of an agreement between plaintiffs and defendant made and delivered in this State, which runs as follows: "This agreement made and entered into this seventh day of January, 1888, by and between Morse & Sawyer, of Bath, Maine, of the first part, and Warner Moore, of Richmond, Va.,of the second part, Witnesseth:
"That the said parties of the first part for and in consideration of the sum of one dollar to them m hand paid, the receipt whereof is hereby acknowledged, do hereby sell and agree to deliver at their wharves at Water Cove, (Cape Small Point,…
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