Listman Mill Co. v. Dufresne
Supreme Judicial Court of Maine
On exceptions by the defend&nt to the refusal of the Judge of the Superior Court for Kennebec 'County to give certain requested instructions. This is an action of assumpsit upon an account annexed to recover $315.13, being balance claimed' to be due plaintiff on a lot of flour, shipped by plaintiff to the defendant at Augusta on or about April 30, 1910. There is also a count for the refusal by defendant to receive and pay for said flour, and also the common counts.
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On exceptions by the defend&nt to the refusal of the Judge of the Superior Court for Kennebec 'County to give certain requested instructions. This is an action of assumpsit upon an account annexed to recover $315.13, being balance claimed' to be due plaintiff on a lot of flour, shipped by plaintiff to the defendant at Augusta on or about April 30, 1910. There is also a count for the refusal by defendant to receive and pay for said flour, and also the common counts. The defendant plead the general issue and filed a brief statement, alleging in substance that defendant, by notice in writing,…
1Opinion of the CourtBird, J.
This case is before this court upon exceptions by defendant to the refusal of requested instructions by defendant and to a portion of the instructions given.
The bill of exceptions, of which none of the evidence is made part, is most meagre in its statement of the case and the issues involved. From it, aided by the portions of the charge of the presiding Justice not objected to, we conclude that on the eleventh of February, 1910, the parties entered into a contract in writing by which the plaintiff contracted to sell to defendant a car load of flour and to ship it to him on or about the…
2Cases cited11 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- Dingley v. OlerSupreme Court of the United States · 1886
- Brady v. OliverTennessee Supreme Court · 1911
- Kadish v. YoungIllinois Supreme Court · 1883
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3Cited by2 opinions
- Roger Edwards, LLC v. Fiddes & Sons, Ltd.Court of Appeals for the First Circuit · 2004
- Martell Bros., Inc. v. Donbury, Inc.Supreme Judicial Court of Maine · 1990