Swift River & Black Brook Improvement Co. v. Brown

Assumpsit, to recover on account annexed, "toll on 316,000 feet of logs, $79.00.” The plea of "never promised” was interposed with a brief statement of special matter of defense. This plea admitted the capacity of the plaintiff corporation to sue, Penobscot R. R. Co. v. Mayo, 60 Maine, 306, but, put in issue all other facts necessary to sustain the action. Nye et als. v. Spencer, 41 Maine, 272; Moore v. Knowles et als. 65 Maine, 493 ; Endicott v. Morgan, 66 Maine, 456. To recover, the plaintiff must prove, either an express promise, or facts from which the law will imply a promise from the…