Turgeon v. Cote
Supreme Judicial Court of Maine
On exceptions. This was an action of assumpsit to enforce a lien on the defendants’ house. The declaration in the writ contained a single count upon an account annexed.
Read the full summary
On exceptions. This was an action of assumpsit to enforce a lien on the defendants’ house. The declaration in the writ contained a single count upon an account annexed. The account annexed is as follows : "November 10, 1894. Joseph Cote and Agnes Cote, To Theophile Turgeon, Dr. "To Balee due on account for labor performed and materials furnishe.d, as contractor for wood work, for the erection and. construction of the above building, as per agreement, $725.00 Cr. 1894. June 19th, By cash received on account, $125.00 July 7th, “ “ “ “ “ 150.00 Sept. 1st, “ “ “ “ “ 100.00 “ 4th, “ “ “ “ “ 40.00…
1Opinion of the CourtPeters, C. J.
The account annexed to the writ, which as a part of the plaintiff’s declaration is demurred to by the defendant, is as follows: "For balance due on account,— for labor performed and materials furnished, as contractor for wood work for the erection and construction of the above building as per agreement,— $725.00.”
On this balance of account are credited several items of cash, leaving a final balance of account of $260.00. The building alluded to is one attached on the writ, and on which it is averred, a lien-claim for the amount of the account exists.
It is not alleged what the price of the…
2Cited by5 opinions
- Kneisley Lumber Co. v. Edward B. Stoddard Co.Missouri Court of Appeals · 1905
- Fitzpatrick v. RoganWyoming Supreme Court · 1922
- Bramco Electric Corp. v. ShellCourt of Appeals of North Carolina · 1976
- Baxter v. MacgowanSupreme Judicial Court of Maine · 1933
- Mugerdichian v. GoudalionSupreme Judicial Court of Maine · 1936