South Gardiner Lumber Co. v. Bradstreet
Supreme Judicial Court of Maine
On report. Judgment for plaintiff. Special assumpsit for the failure to deliver logs sold according to agreement. The writ contained three counts. The plea was the general issue. The case is stated in the opinion.
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On report. Judgment for plaintiff. Special assumpsit for the failure to deliver logs sold according to agreement. The writ contained three counts. The plea was the general issue. The case is stated in the opinion. Counsel cited among other cases: Parsons v. Sutton, 66 N. Y. 92; Leigh v. Paterson, 8 Taunt. 540; Ripley v. McClure, 4 Ex. 359; Benjamin on Sales, Yol. 2, 1118; Stanford, v. Mag ill, (N. D.) 38 L. R. A. 760; Hochster v. De La Tour, 2 El. & Bl. 678; Johnston v. Milling, 16 Q,. B. D. 460; Brown v. Muller, L. R. 7 Ex. 319; Paul v. Meservey, 58 Maine, 419, 421; Lovelock v. Pranklyn, 8…
1Opinion of the CourtPeabody, J.
This is an action of assumpsit for breach of contract for the sale and delivery of mill logs. The original agreement, upon which the suit is based, is in writing and is as follows:
*168“This memorandum of agreement made this twenty-eighth day of February, A. D. 1895, by and between J. S. & F. T. Bradstreet, of Gardiner, Me., party of the first part, and the South Gardiner Lumber Company, of South Gardiner, Maine, party of the second part.
Witnesseth: — Said party of the first part hereby agrees to sell to said party of the second part, and said party of the second part agrees to buy of said party…
2Cases cited10 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Griffin v. . ColverNew York Court of Appeals · 1858
- Dingley v. OlerSupreme Court of the United States · 1886
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Dana v. . FiedlerNew York Court of Appeals · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Holyoke Water Power Co. v. American Writing Paper Co.District Court, D. Massachusetts · 1935
- Lewis v. MarstersSupreme Judicial Court of Maine · 1942
- Stanley v. TinsmanSupreme Judicial Court of Maine · 1963