Maxcy Manufacturing Co. v. Burnham
Supreme Judicial Court of Maine
On Motion and Exceptions by Defendant. This was an action of assumpsit on account annexed to recover the price of certain lumber and materials alleged to' have been sold and delivered to defendant through her husband. The case was tried to a jury in the Superior Court, for Kennebec County, who returned a verdict for the plaintiff.
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On Motion and Exceptions by Defendant. This was an action of assumpsit on account annexed to recover the price of certain lumber and materials alleged to' have been sold and delivered to defendant through her husband. The case was tried to a jury in the Superior Court, for Kennebec County, who returned a verdict for the plaintiff. The defendant took exception to the following portion of the presiding justice’s charge to the jury:— Now, principally, the point here is whether there was an undisclosed principal who was in fact responsible for the goods, and that is the issue. If you shall find,…
1Opinion of the CourtWhitehouse, J.
The plaintiff corporation obtained a verdict against the defendant for the price of certain lumber alleged to have been furnished upon the order of her husband and used in finishing and repairing the dwelling-house owned by her and occupied by her and her husband, and the defendant brings the case to this court on exceptions and motion for a new trial.
It satisfactorily appears from the evidence that all of the lumber *540and materials comprised in the account annexed to the writ, with the exception of a portion of the flooring described in the first item, were used, with the knowledge of the…
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