Bell v. Doyle
Supreme Judicial Court of Maine
This is an action of assumpsit to recover $192.57, which plaintiff alleges defendant owed him as a balance due on a sale by plaintiff to defendant of two hundred and thirty-seven sacks of potatoes. Defendant filed a plea of the general issue, and a brief statement under which is alleged accord and satisfaction.
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This is an action of assumpsit to recover $192.57, which plaintiff alleges defendant owed him as a balance due on a sale by plaintiff to defendant of two hundred and thirty-seven sacks of potatoes. Defendant filed a plea of the general issue, and a brief statement under which is alleged accord and satisfaction. The jury returned a verdict for plaintiff for $161.90. Defendant excepted to the ruling of the presiding Justice admitting a certain letter offered by plaintiff, and also filed a general motion for a new trial. Case is stated in the opinion.
1Opinion of the CourtPhilbrooic, J.
This case arose from a transaction wherein the plaintiff sold and delivered to the defendant a quantity of potatoes. The latter is a dealer in and shipper of that commodity. Part payment was made at the time of delivery, and a memorandum given stipulating that the balance was to be paid when the defendant sold and shipped the potatoes to some one of his customers. In preparation for such shipment it became 'necessary to rack the potatoes. The defendant claims that this operation disclosed the fact that a portion of the stock was unmerchantable, although, as he further claims, he bought and…
2Cases cited1 opinion
- Laroe v. . Sugar Loaf Dairy Co.New York Court of Appeals · 1905
3Cited by8 opinions
- Wiggin v. SanbornSupreme Judicial Court of Maine · 1965
- Akerley v. LammiSupreme Judicial Court of Maine · 1966
- Emerson v. SweetSupreme Judicial Court of Maine · 1981
- Larsen v. ZimmermanSupreme Judicial Court of Maine · 1957
- Farina v. SHERIDAN CORPORATIONSupreme Judicial Court of Maine · 1959
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