Gould v. Boston Excelsior Co.
Supreme Judicial Court of Maine
On Exceptions by Defendant. This was an action of assumpsit to recover the sum of $1,821.47 for driving 3235 cords of poplar from Ship Pond Stream to Milo boom, at 75 cents per cord. ■ Plea, the general issue. The plaintiffs introduced in evidence a written contract signed by themselves, also a written contract signed by the defendant’s agent, of the following tenor:—■ Boston Excelsiob Company. Manufacturers and dealers in Excelsior and Upholsterers’ Supplies.
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On Exceptions by Defendant. This was an action of assumpsit to recover the sum of $1,821.47 for driving 3235 cords of poplar from Ship Pond Stream to Milo boom, at 75 cents per cord. ■ Plea, the general issue. The plaintiffs introduced in evidence a written contract signed by themselves, also a written contract signed by the defendant’s agent, of the following tenor:—■ Boston Excelsiob Company. Manufacturers and dealers in Excelsior and Upholsterers’ Supplies. Julian D’Este, Treas. 26 Canal Street. Boston, Mass. Sebee, Me., Mar. 29, ’94. We the undersigned, do hereby agree to take the poplar…
1Opinion of the CourtEmery, J.
The defendant had purchased some poplar cut upon the land of Adams and desired to have it driven down the streams to its mill. It also desired to have other poplar on Adams’ land cut, peeled and driven. To this end, its agent had some conversations with the plaintiffs with reference to their doing the cutting, peeling and driving. As a result of these conversations the plaintiffs gave the defendant a written memorandum signed by them only, and the defendant at the same time gave them a written memorandum signed by its agent only. These memorandums are printed in full, ante, pp. 215, 216.
The…
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