Fuller v. Wilder
Supreme Judicial Court of Maine
ON EXCEPTIONS. Assumpsit for certain logs sold and delivered. The facts in relation to the case, and the grounds of exception are fully stated in the opinion. The testimony admitted, subject to objection, was not simply res inter alios, an agreement between strangers to the suit, but between one of the litigating parties and another member of the firm, all of whose interests were directly adverse to plaintiffs.
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ON EXCEPTIONS. Assumpsit for certain logs sold and delivered. The facts in relation to the case, and the grounds of exception are fully stated in the opinion. The testimony admitted, subject to objection, was not simply res inter alios, an agreement between strangers to the suit, but between one of the litigating parties and another member of the firm, all of whose interests were directly adverse to plaintiffs. Had the plaintiffs known of the agreement, and then delivered the logs, a valid agreement would have existed; until then this evidence would be inadmissible. Buclcnam v. Chaplin, 1…
1Opinion of the CourtDiciceRSON, J.
This was an action .on account annexed for the value of certain logs, cut under a permit granted by the plaintiffs to Edward Wilder and by him assigned to them, one-fourth absolutely, and three-fourths collaterally, to secure the plaintiffs for supplies to be furnished by them to Edward, to carry on his part of the operation. One count in the writ declares for logs sold to the defendants individually, and the other for logs sold to them as surviving partners of the firm of E. & E. Wilder.
After the logs arrived at the boom Edward Wilder formed a copartnership with his two brothers, Eugene and…
2Cited by2 opinions
- Fredin v. RichardsSupreme Court of Minnesota · 1896
- Hanecy v. PageAppellate Court of Illinois · 1916