Lunge v. Abbott
Supreme Judicial Court of Maine
On motion and exceptions by defendant. This is an action of assumpsit on account annexed to recover the value of a furnace put into the defendant’s house on contract by the husband. Plea, general issue. The jury returned a verdict for plaintiff and the defendant filed a general motion for a new trial.
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On motion and exceptions by defendant. This is an action of assumpsit on account annexed to recover the value of a furnace put into the defendant’s house on contract by the husband. Plea, general issue. The jury returned a verdict for plaintiff and the defendant filed a general motion for a new trial. The defendant also requested the Justice presiding to give the following instructions, which the said presiding Justice declined to do, and the defendant excepted to said refusal to so instruct. 1. Where a husband and wife are living'on a farm which the husband is carrying on, the fact that the…
1Opinion of the Court
King, j.
Action to recover $55.70 for materials and labor furnished in putting a heating furnace into the defendant’s house under a contract therefor made by her husband, to whom the plaintiff gave credit supposing him to be the owner of the property. At the time the defendant was away from home in a hospital. The foundation of the action is the claim that the husband was the wife’s agent in the transaction. That was the sole issue at the trial. The verdict was for the plaintiff, and the case comes up on a motion for a new trial and exceptions by the defendant.
The fact of agency can be…
2Cited by4 opinions
- McCully v. BesseySupreme Judicial Court of Maine · 1946
- Hinson v. RoofSupreme Court of South Carolina · 1924
- Johnson v. ArbabiCourt of Appeals of South Carolina · 2001
- Neely v. BAR HARBOR BANKSHARESDistrict Court, D. Maine · 2003