Eastport Water Co. v. Inhabitants of City of Eastport

WERNICK, Justice.

Plaintiff has appealed from a judgment entered in the Superior Court (in response to a proper motion of defendant) which dismissed the complaint of plaintiff for failure to state a claim upon which relief can be granted.

Plaintiff’s action seeks damages (together with appropriate interest calculated at the generally prevailing legal rate) for mistaken overpayments of money alleged to have been made by plaintiff to the defendant City during the years 1963 to 1969, inclusive. The complaint alleges that plaintiff had made excess payments of personal property taxes which had been…