Dunn v. Auburn Electric Motor Co.
Supreme Judicial Court of Maine
On Exceptions by Defendant. This was an action of assumpsit for an alleged breach of warranty in the manufacture of an electric motor. The defendant was a.manufacturer of electric motors in the city of Auburn; the plaintiff was a brick maker and bargained with the defendant for an electric motor to be used to run his brick machines.
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On Exceptions by Defendant. This was an action of assumpsit for an alleged breach of warranty in the manufacture of an electric motor. The defendant was a.manufacturer of electric motors in the city of Auburn; the plaintiff was a brick maker and bargained with the defendant for an electric motor to be used to run his brick machines. The contract for the manufacture of the motor and the warranty of the same by the defendant was iu writing, signed by the treasurer, under the seal of the corporation. At the trial the plaintiff offered this written instrument under seal in evidence, and the court…
1Opinion of the CourtSavage, J.
At the threshold of this case a question of practice is presented.
In the law court, the plaintiff filed a motion that defendant’s exceptions be dismissed “because they were not presented and filed in conformity to law and the rules and practice of the court.” By the certificate of the presiding justice, it appears merely that the exceptions were “allowed.” There is no qualification or limitation whatever. We think this certificate is, and should be, conclusive as to the regularity of the filing and allowance of the exceptions. It happens occasionally,- through the exigencies of the business…
2Cases cited5 opinions
- Sherman v. FitchMassachusetts Supreme Judicial Court · 1867
- Brainerd v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1862
- Wood's Administrator v. Wood's DeviseesCourt of Appeals of Kentucky · 1859
- Ide v. Passumpsic & Connecticut Rivers RailroadSupreme Court of Vermont · 1859
- White v. FoxSupreme Court of Connecticut · 1861
3Cited by9 opinions
- Bradford v. DavisSupreme Judicial Court of Maine · 1947
- Middleton's CaseSupreme Judicial Court of Maine · 1939
- Mann v. Homestead Realty Co.Supreme Judicial Court of Maine · 1935
- Graffam v. Casco Bank & Trust Co.Supreme Judicial Court of Maine · 1940
- Carey v. Bourque-Lanigan Post No. 5Supreme Judicial Court of Maine · 1954
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