Hutchins v. Merrill
Supreme Judicial Court of Maine
On exceptions by defendant. This is an action to recover damages alleged to have resulted from the negligence of the defendant in scaling certain logs. The plaintiffs made a written contract with one Foster to cut and haul merchantable logs on the timber lands owned by them in the town of Guilford, and therein stipulated that the timber and wood should be scaled by a disinterested sworn surveyor, “to be paid by the plaintiffs.
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On exceptions by defendant. This is an action to recover damages alleged to have resulted from the negligence of the defendant in scaling certain logs. The plaintiffs made a written contract with one Foster to cut and haul merchantable logs on the timber lands owned by them in the town of Guilford, and therein stipulated that the timber and wood should be scaled by a disinterested sworn surveyor, “to be paid by the plaintiffs. The defendant was selected by the parties to that contract, -to survey the logs cut thereunder and. it was mutually agreed that his scale should be final and binding…
1Opinion of the CourtWhitrhousR, C. J.
This is an action to recover damages alleged to have resulted from the negligence of the defendant in scaling certain logs. The plaintiffs, made a written contract with one Robert W. Foster to cut and haul the merchantable logs on the timber lands owned by them in the town of Guilford, and therein stipulated that the timber and wood should “be scaled by a disinterested sworn surveyor,” to be paid by the plaintiffs. Foster was to receive $4.50 per thousand feet for cutting, yarding and hauling the logs; and the evidence tended to show that the fact that the plaintiffs were to pay the scaler…
2Cases cited8 opinions
- Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
- Norcross v. WymanMassachusetts Supreme Judicial Court · 1904
- Hoosac Tunnel Dock & Elevator Co. v. O'BrienMassachusetts Supreme Judicial Court · 1884
- Flint v. GibsonMassachusetts Supreme Judicial Court · 1871
- McKahan v. American Express Co.Massachusetts Supreme Judicial Court · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lundgren v. FreemanCourt of Appeals for the Ninth Circuit · 1962
- Gammel v. Ernst & ErnstSupreme Court of Minnesota · 1955
- Bedrock Foundations, Inc. v. Geo. H. Brewster & Son, Inc.Supreme Court of New Jersey · 1959
- Baar v. TigermanCalifornia Court of Appeal · 1983
- Hunter v. TotmanSupreme Judicial Court of Maine · 1951
2 more not listed; retrieve them via the Exa API.