A. Gauthier & Son v. Hines
Supreme Judicial Court of Maine
On exceptions by plaintiffs. An action of assumpsit containing two counts, the first on an account annexed to recover the face value of 612 dozen of canned tomatoes at $1.50 per dozen, which were shipped from California to Rumford by freight, arriving at point of destination in a damaged condition, and freight and trucking, making a total of $1,106. The second count is for money had and received.
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On exceptions by plaintiffs. An action of assumpsit containing two counts, the first on an account annexed to recover the face value of 612 dozen of canned tomatoes at $1.50 per dozen, which were shipped from California to Rumford by freight, arriving at point of destination in a damaged condition, and freight and trucking, making a total of $1,106. The second count is for money had and received. Plaintiffs claimed that a freight agent of defendant agreed to take the damaged goods and pay the face value. Defendant contends that even if the freight agent agreed as claimed by plaintiffs, and it…
1Opinion of the CourtCornish, C. J.
The plaintiffs, retail merchants, were the consignees of a shipment of canned tomatoes from California, consisting of twelve hundred and fifty dozen cans, which arrived at Rumford by freight over the Maine Central Railroad on November 2, 1918. On opening the car it was found that a portion of the shipment was in an unsalable condition. The cartons were broken, and damp, and many of the cans were rusty and without labels. The plaintiffs hauled one load to their store but left the balance.
The writ contains two counts, the first on an account annexed for 612 dozen at $1.50 per dozen, $918,…
2Cited by1 opinion
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