Sheesley v. Bisbee Linseed Co.

Opinion by

Me. Justice Drew,

Byron F. Sheesley brought this action in assumpsit against the Bisbee Linseed Company to recover damages for an alleged breach of contract. To the statement of claim, an affidavit of defense in the nature of a demurrer raising questions of law was filed, but the issue was determined against defendant and it was permitted to file an affidavit of defense to the averments of fact. At the conclusion of the trial, a verdict was directed in favor of defendant, and plaintiff’s motion for a new trial was refused. This appeal is from the judgment entered upon that verdict.

Def…