Hoyt v. Tapley
Supreme Judicial Court of Maine
On exceptions and motion. This is an action to recover damages resulting from an alleged breach- of a written contract, wherein it was stipulated that defendant sold and agreed to deliver to plaintiff forty-five hundred barrels of Spaulding Rose potatoes, and forty-five hundred barrels of Green Mountain potatoes, thirty cars in all, fifteen cars of both kinds to be shipped in each of the months of January, 1920, and February, 1920, for which plaintiff was to pay $2.65 per…
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On exceptions and motion. This is an action to recover damages resulting from an alleged breach- of a written contract, wherein it was stipulated that defendant sold and agreed to deliver to plaintiff forty-five hundred barrels of Spaulding Rose potatoes, and forty-five hundred barrels of Green Mountain potatoes, thirty cars in all, fifteen cars of both kinds to be shipped in each of the months of January, 1920, and February, 1920, for which plaintiff was to pay $2.65 per hundred weight, delivered. At the time of the execution of the contract, plaintiff paid defendant three thousand dollars…
1Opinion of the CourtHanson, J.
This is an action on the case to recover damages growing out of an alleged breach of a written contract for the sale and delivery of nine thousand barrels of potatoes.
The jury returned a verdict for the plaintiff in the sum of $18,300 and the case is before the court on general motion and exceptions by the defendant.
The contract reads as follows: “MEMORANDUM OF AGREEMENT made and entered into this Seventeenth day of October, 1919, by and between A. H. Tapley of Fort Fairfield in the state of Maine of the first part and T. M. Hoyt of Presque Isle, in the state of Maine of the second part:
“Party…
2Cases cited1 opinion
- Curtiss v. . HowellNew York Court of Appeals · 1868
3Cited by9 opinions
- Zamore v. WhittenSupreme Judicial Court of Maine · 1978
- Blue Rock Industries v. Raymond International, Inc.Supreme Judicial Court of Maine · 1974
- Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
- Interstate Industrial Uniform Rental Service, Inc. v. F. R. Lepage Bakery, Inc.Supreme Judicial Court of Maine · 1980
- Loose-Wiles Biscuit Co. v. Deering Village Corp.Supreme Judicial Court of Maine · 1946
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