MacQuinn v. Patterson

This action in assumpsit upon an account annexed is before us on exceptions by the plaintiff to the acceptance of a referee’s report. The exceptions are overruled.

The issue is whether the defendant is liable to the plaintiff for making a gravel fill on defendant’s premises. Findings by the referee in favor of plaintiff on all other items in the account are not questioned. There is no dispute about the reasonableness of plaintiff’s charges of $550 for gravel and $128 for use of a bulldozer, or a total of $678 for the fill. The issue is liability and not damage.

The principles governing our…