Rundlett Co. v. Morrison
Supreme Judicial Court of Maine
On motion for new trial by plaintiff. An action of assumpsit to recover the sum of three hundred fifty dollars and seventy cents, which plaintiff claims the defendant has in his possession, having obtained it by false and fraudulent representations, which in equity and good conscience belongs to him. Verdict was for defendant which the plaintiff moves to set aside for usual reasons. Case stated in the opinion.
1Opinion of the CourtMorrill, J.
This is an action to recover $350.70, which the plaintiff claims was an overpayment for hauling coal screenings, obtained through the misrepresentation of defendant. The jury returned a verdict for defendant, which the plaintiff moves to set aside for the usual reasons. The motion must be sustained.
The plaintiff operated a cold storage plant on Union Wharf, Portland, where it used coal screenings purchased of Lehigh Coal and Navigation Company, which had a place of business on the same wharf. The plaintiff had another place of business on Commercial Wharf where its treasurer’s office was…
2Cases cited1 opinion
- Talmage v. PellNew York Court of Chancery · 1842
3Cited by1 opinion
- Lambrou v. BernaSupreme Judicial Court of Maine · 1959