Dwinel v. Howard
Supreme Judicial Court of Maine
Assumpsit on the following contract, dated March 31, 1842 : — “ The said Howard & Page agree to sell and deliver to said Patten & Dwinel all the ice which is at the following places, viz: — about 230 cords at R. K. Page’s ice house in Richmond, about 200 cords at Pittston, put up by John Jewrntt, and about 130 cords at hay-barn, so called, at Hallowed, in all about 560 cords.
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Assumpsit on the following contract, dated March 31, 1842 : — “ The said Howard & Page agree to sell and deliver to said Patten & Dwinel all the ice which is at the following places, viz: — about 230 cords at R. K. Page’s ice house in Richmond, about 200 cords at Pittston, put up by John Jewrntt, and about 130 cords at hay-barn, so called, at Hallowed, in all about 560 cords. It is understood that said ice is to be made solid measure and to be measured by some person appointed by Gen. Greenlief White in case we do not agree upon the survey ourselves. Said ice to be measured immediately, and…
1Opinion of the CourtSheplf.y, C. J.
— The case is presented by an alternative report of referees, stating the facts proved before them.
The action appears to have been assumpsit, commenced by the plaintiffs to recover damages for a refusal by the defendants to perform a written contract made between the parties on March 31, 1842, for the sale and purchase of a quantity of ice. The defendants agreed to sell to the plaintiffs all the ice at certain places named, at the price of four dollars per cord. Five hundred dollars were to be paid on the execution of the contract, to be applied in payment “ for the last ice received.”
The…
2Cases cited1 opinion
- People ex rel. Newell v. MuzzyCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by7 opinions
- Rice v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1900
- National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
- Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
- Levine v. ReynoldsSupreme Judicial Court of Maine · 1947
- Cresswell Ranch & Cattle Co. v. MartindaleCourt of Appeals for the Eighth Circuit · 1894
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