Holden Steam Mill Co. v. Westervelt
Supreme Judicial Court of Maine
On exceptions. Assumpsit for a balance due on shocks, furnished under a written contract, not produced at the trial nor its absence accounted for or waived, $465.20. The verdict was for the plaintiffs, for the amount claimed ; and the defendants alleged exceptions.
1Opinion of the CourtDanforth, J.
The writ in this case contains three counts, 1st, on a special contract for the sale and delivery to the defendants of a certain quantity of fruit box shooks; 2d, account annexed ; 3d, quantum meruit. The case finds that all the counts are for the same cause of action, for shooks furnished under one and the same contract. It further appears that the contract was reduced to writing in three parts, each of which was signed by both parties. The plaintiffs had one, the defendants one, and the other was delivered to the broker. The writing was not produced by either party. The plaintiffs offered…
2Cases cited6 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Chesapeake and Ohio Canal Company v. Knapp and OthersSupreme Court of the United States · 1835
- Linningdale v. LivingstonNew York Supreme Court · 1813
- Champlin v. ButlerNew York Supreme Court · 1820
- Keyes v. StoneMassachusetts Supreme Judicial Court · 1809
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3Cited by9 opinions
- Levine v. ReynoldsSupreme Judicial Court of Maine · 1947
- Saunders v. ShortCourt of Appeals for the Ninth Circuit · 1898
- United States ex rel. Hudson River Stone Supply Co. v. MolloyCourt of Appeals for the Second Circuit · 1906
- Carey v. Bourque-Lanigan Post No. 5Supreme Judicial Court of Maine · 1954
- Sylvester v. TwaddleSupreme Judicial Court of Maine · 1957
4 more not listed; retrieve them via the Exa API.