Ocqueoc Improvement Co. v. Mosher

Plaintiff brought this action against the defendants to collect a balance claimed to be owing for tolls for the use of improvements on the Ocqueoc river, in Presque Isle county. The declaration is on the common counts. To entitle the plaintiff to recover, it was necessary to show an agreement upon the part of defendants to pay for the use of the improvements, as no attempt was made to show that the rate of tolls had been fixed by the State Board of Control, as required by statute. How. *474Stat. § 3859. While we do not hold that the parties may not waive the fixing of the rates of toll, and bind…