Marshall v. Lowd

This is an action on the case in the nature of special assumpsit brought to recover damages for breach of a written contract for the sale and removal of standing wood and timber. The defendants demurred to the plaintiffs’ declaration. The demurrer was overruled by the presiding justice, and exceptions were duly taken by the defendants.

The plaintiffs’ declaration reads as follows:

“1. In a plea of the case for that the said defendants on the 13th day of July, A. D. 1956, entered into a contract in writing with the Plaintiffs, duly signed and delivered, of which the following is a copy:

THIS IS A…