Blodgett v. Berlin Mills Co.
Supreme Court of New Hampshire
Assumpsit, by Milton Blodgett and Frank Blodgett, as partners, against The Berlin Mills Company, upon the common counts, including iC work, labor, and materials,” and upon an account annexed, the principal item of which (being the main part of the plaintiffs’ claim) was, — “ To 66 days’ work selves and four horses, $241.15.” Plea, the general issue, and a set-off of charges for a pair of moccasins, a horse-brush, ten pounds steel, a set of sled-runners and sled-shoes, and…
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Assumpsit, by Milton Blodgett and Frank Blodgett, as partners, against The Berlin Mills Company, upon the common counts, including iC work, labor, and materials,” and upon an account annexed, the principal item of which (being the main part of the plaintiffs’ claim) was, — “ To 66 days’ work selves and four horses, $241.15.” Plea, the general issue, and a set-off of charges for a pair of moccasins, a horse-brush, ten pounds steel, a set of sled-runners and sled-shoes, and for keeping four horses four nights, and fourteen meals, — amounting in all to $24.19. The evidence for the plaintiffs…
1Opinion of the CourtLadd, J.
The first exception was to the exclusion of evidence tending to show that the defendants were damaged by the plaintiffs’ leaving the work to an extent equal to the contract price of the labor done. To ascertain whether this ruling was right, it is necessary to see what was the exact position of the case, and what was the question for the jury on the writ and pleadings as they stood. .
The suit was commenced before the logging season expired. It was therefore apparent that, unless the plaintiffs could satisfy the jury that the contract was as they claimed, and not for service during the whole…
2Cases cited6 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Ward v. FellersMichigan Supreme Court · 1854
- People ex rel. Fleming v. Niagara C. P.New York Supreme Court · 1834
- Runyan v. NicholsNew York Supreme Court · 1814
- Merriam v. WoodcockMassachusetts Supreme Judicial Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ellsworth v. BrownSupreme Court of New Hampshire · 1875