Mercier v. James Murchie's Sons Co.
Supreme Judicial Court of Maine
On report. Judgment for plaintiff in the sum of $1331.50 with interest from the date of the writ. This is an action of assumpsit upon an account annexed and on the money counts, to recover the sum of $5591.18 for logs sold and delivered. The defendant pleaded the general issue. At the conclusion of the evidence, by agreement of the parties the case was reported to the Law Court for its determination upon so much of the evidence as is legally admissible.
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On report. Judgment for plaintiff in the sum of $1331.50 with interest from the date of the writ. This is an action of assumpsit upon an account annexed and on the money counts, to recover the sum of $5591.18 for logs sold and delivered. The defendant pleaded the general issue. At the conclusion of the evidence, by agreement of the parties the case was reported to the Law Court for its determination upon so much of the evidence as is legally admissible. The case is stated in the opinion.
1Opinion of the CourtPhilbrook, J.
The plaintiff brought this action in assumpsit, on account annexed and on the money counts, offering in evidence, under the latter, proof of the same items as appeared in the account annexed. Under objection on the part of the defendant, the plaintiff offered a certain written memorandum of. agreement which appears to have been signed by the defendant but not by the plaintiff.
The account annexed is as follows:
“Calais, Maine, Nov. 9th, 1912.
James Murchie’s Sons Co.
To John B. Mercier, Dr.
1911
May 1, To 349,300 ft. logs 5731 pieces from D. Delaney
” 489,384 ” ” 6362 ” ” C. McPike
” 21,000 C ” ' 521…
2Cases cited5 opinions
- Nichols v. MorseMassachusetts Supreme Judicial Court · 1868
- Rommel v. WingateMassachusetts Supreme Judicial Court · 1869
- Salmon v. BoykinCourt of Appeals of Maryland · 1887
- Pittsburgh Plate Glass Co. v. MacDonaldMassachusetts Supreme Judicial Court · 1903
- Cabot v. WinsorMassachusetts Supreme Judicial Court · 1861
3Cited by1 opinion
- Smith, Fitzmaurice Co. v. HarrisSupreme Judicial Court of Maine · 1927