Maxwell v. Norwood Marine, Inc.

This is an action of contract to recover damages for the defendant’s breach of contract to sell the plaintiff a boat. The plaintiff appellant was the prevailing party. Nominal damages were awarded and he claims to be aggrieved upon the question of damages.

The answer is a general denial and eight affirmative defenses: 1. payment, 2. genuiness of the signature on the bill of sale, 3. compromise and settlement, 4. accord and satisfaction, 5. novation, 6. statute of frauds, 7. excuse from performance, 8. lack of consideration.

*61 At the trial there was evidence tending to show:

The plaintiff and…