Savage Manufacturing Co. v. Armstrong
Supreme Judicial Court of Maine
This was an action of assumpsit, wherein the plaintiffs declare on a special agreement of the defendant to pay for certain threshing machines manufactured by plaintiffs for him. There were likewise counts for labor and materials furnished, money paid, and on an account annexed.
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This was an action of assumpsit, wherein the plaintiffs declare on a special agreement of the defendant to pay for certain threshing machines manufactured by plaintiffs for him. There were likewise counts for labor and materials furnished, money paid, and on an account annexed. The contract declared on was as follows:— “ Memorandum of an agreement entered into this 4th day of September, 1833, between Thomas Lansdale, of the Savage Manufacturing'Co.'on the one part, and Alvin Armstrong of the other part: — “ Witnesseth, that for and in consideration of the sum of one hundred and fifty dollars…
1Opinion of the Court
The opinion of the Court was delivered by
Whitman C.
The plaintiffs move for a new trial, alleging, that the verdict in this case is against evidence, and against the instructions and- direction pf the Court in matter of Jaw. The declaration in the writ is on a special agreement, and also for goods sold and delivered, labor done and performed? and money laid out, &c. The special agreement js in *149writing. The defendant agreed to take and pay for certain machines to be made according to a model to be by him furnished. The plaintiffs agreed to have them done and ready to be delivered at a certain…
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