Duffy v. Patten
Supreme Judicial Court of Maine
On exceptions and report. Assumpsit on an alleged contract, of October 26, 1873. Tbe writ was dated December 20, 1881. Plea, general issue and statute of limitations.
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On exceptions and report. Assumpsit on an alleged contract, of October 26, 1873. Tbe writ was dated December 20, 1881. Plea, general issue and statute of limitations. The original declaration was, "In a plea of the case for that on the twenty-sixth day of October, A. D. 1873, at said Bangor, it was agreed between the plaintiff'and said defendants in manner following to wit: that the said defendants should deliver to said plaintiff one piano which tho said plaintiff was to receive and keep and uso at tho plaintiff’s dwelling house in said Bangor, and tho plaintiff agreed to pay defendants,…
1Opinion of the CourtAppleton, C. J.
The following facts may be regarded as established by the finding of the jury: That the plaintiff being about to purchase a piano called on the defendants, who proposed to let a piano at a reasonable price and that the rent of such piano they would allow in part payment of a new piano which he agreed to purchase — that he hired apiano paying the rent therefor — that on the third of June, 1879, he called on the defendants to purchase a new piano, offering to pay them the balance that would remain due after deducting the payments of rent already made, — that the defendants not merely refused to…
2Cited by2 opinions
- Allegheny Valley Brick Co. v. C. W. Raymond Co.Court of Appeals for the Second Circuit · 1914
- Lagerloef Trading Co. v. American Paper Products Co.Court of Appeals for the Seventh Circuit · 1923