Spaulding v. American Realty Co.
Supreme Judicial Court of Maine
On report. This is an action in assumpsit on an account annexed. The general issue was pleaded. In June, 1920, plaintiff entered into a written agreement with defendant to cut on Township-4, Range 5, in Oxford County, 7500 cords of rough pulp wood, to land same on the banks of Moose Brook and to drive and deliver same into pocket booms on Parmachenee Lake, during the season of 1920-1921. Under this contract plaintiff was to be paid $9.50 per cord for all pulp wood delivered…
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On report. This is an action in assumpsit on an account annexed. The general issue was pleaded. In June, 1920, plaintiff entered into a written agreement with defendant to cut on Township-4, Range 5, in Oxford County, 7500 cords of rough pulp wood, to land same on the banks of Moose Brook and to drive and deliver same into pocket booms on Parmachenee Lake, during the season of 1920-1921. Under this contract plaintiff was to be paid $9.50 per cord for all pulp wood delivered under it, with advances of $6.00 per cord for all pulp wood cut and yarded, and $2.50 additional when the pulp wood was…
1Opinion of the CourtDunn, J.
Whether, as a result of new undertakings by its parties, a certain written contract was later abandoned for a new agreement, orally expressed, is a question vital in this controversy.
The systematic industry of counsel has collected a wealth of material either directly apropos of or having close analogy to the principle that, while the terms of one agreement may be abrogated, modified, or waived by another subsequently made (Storer v. Taber, 83 Maine, 387; McIver v. Bell, 117 Maine, 495), yet nothing short of cogent proof will establish the fact of a change in that which originally was…
2Cases cited6 opinions
- Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
- O'Keefe v. Corporation of St. Francis's ChurchSupreme Court of Connecticut · 1890
- Huntsville Elks Club v. Garrity-Hahn Building Co.Supreme Court of Alabama · 1911
- Caldwell & Drake v. SchmulbachDistrict Court, N.D. West Virginia · 1909
- James Reilly Repair & Supply Co. v. SmithCourt of Appeals for the Second Circuit · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
- Norton v. BenjaminSupreme Judicial Court of Maine · 1966
- Burrowes Corporation v. ReadSupreme Judicial Court of Maine · 1955
- Torrey v. Full Gospel Church of SearsportSupreme Judicial Court of Maine · 1978
- Clark v. DuncanSupreme Court of Arkansas · 1948
2 more not listed; retrieve them via the Exa API.