Dunn v. Marston
Supreme Judicial Court of Maine
On Exceptions from the District Court, Rice, J. Assumpsit upon a note for fifty dollars, payable on demand in pine boards, and fifty dollars payable in pine shingles, of such quality as the plaintiff might select from those which the defendants were manufacturing at Taylor’s mills.
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On Exceptions from the District Court, Rice, J. Assumpsit upon a note for fifty dollars, payable on demand in pine boards, and fifty dollars payable in pine shingles, of such quality as the plaintiff might select from those which the defendants were manufacturing at Taylor’s mills. The testimony showed that the defendants were farmers ; that they had a retail grocery store a few miles distant from their farms; that they manufactured lumber at Taylor’s mills, which were a few miles distant from their store and from their farms; that they had in their lumber yard, twenty five rods from the…
1Opinion of the CourtAppleton, J.
This was an action of assumpsit on a note of the following tenor : —
“ For value received of R. B. Dunn we promise to pay him or bearer one hundred dollars, fifty dollars to- be paid in merchantable pine boards and fifty to be paid in pine shingles of such quality as he may select from those which we manufacture at' Taylor’s mills so called in Mt. Vernon, at a fair cash price on demand. “ Marston & Tilton,
“ by C. A. Marston.”
The plaintiff by this contract has obviously the right to determine at what time he will demand its performance. The defendants on their part are bound to have at all…
2Cases cited5 opinions
- Mason v. BriggsMassachusetts Supreme Judicial Court · 1820
- Lobdell v. HopkinsNew York Supreme Court · 1826
- King v. Middletown Insurance Co.Supreme Court of Connecticut · 1814
- Rice v. ChurchillNew York Supreme Court · 1846
- Higgins v. EmmonsSupreme Court of Connecticut · 1823