Johnson v. Burnham
Supreme Judicial Court of Maine
On general motion for a new trial and exceptions by defendants. An action of assumpsit to recover damages which plaintiff alleges he suffered by way of loss of profits resulting from an alleged breach of an oral contract made subsequently to the execution of a written contract for sawing lumber. Defendants plead the general issue, and a brief statement setting up a written contract.
Read the full summary
On general motion for a new trial and exceptions by defendants. An action of assumpsit to recover damages which plaintiff alleges he suffered by way of loss of profits resulting from an alleged breach of an oral contract made subsequently to the execution of a written contract for sawing lumber. Defendants plead the general issue, and a brief statement setting up a written contract. A verdict for the plaintiff for ‘$1,275 was returned by the jury, and defendant excepted to rulings of the presiding Justice on the admission of evidence, and also filed a motion for a new trial on the usual…
1Opinion of the CourtDeasy, J.
About July, 1918 the parties to this suit entered into a contract, whereby the plaintiff agreed to set up his portable saw mill upon the defendants’ land in Steuben and saw logs for $5.00 *492per M. Pursuant to this contract the mill was set up, 640 M. of logs were sawed and the sawing paid for as agreed.
But the plaintiff contends that the defendants agreed to deliver to him for sawing 1,500 M. of logs. The defendants deny this and say that there was no agreement to deliver any specified quantity. This issue was submitted to a jury. The plaintiff recovered a verdict.
It appears that on July 19,…
2Cited by6 opinions
- Jones v. KesslerWest Virginia Supreme Court · 1925
- Marshall v. FentonSupreme Court of Connecticut · 1928
- Interstate Industrial Uniform Rental Service, Inc. v. F. R. Lepage Bakery, Inc.Supreme Judicial Court of Maine · 1980
- Everett v. RandSupreme Judicial Court of Maine · 1957
- Cooper v. Fidelity Trust Co.Supreme Judicial Court of Maine · 1935
1 more not listed; retrieve them via the Exa API.