Garoufalis v. Elenike Orthodox Cenotis Agia Trias
Supreme Judicial Court of Maine
On defendant’s exceptions. Two actions, one in asfeumpsit, and one in covenlant, to recover a balance alleged to be due plaintiff from the defendant, for personal services as parish priest in charge of its church in Lewiston, under a written agreement therefor, were brought for the same cause, on the same day, and served at the same time. The defendant filed a plea in abatement in each case, alleging the pendency of another action for the same cause.
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On defendant’s exceptions. Two actions, one in asfeumpsit, and one in covenlant, to recover a balance alleged to be due plaintiff from the defendant, for personal services as parish priest in charge of its church in Lewiston, under a written agreement therefor, were brought for the same cause, on the same day, and served at the same time. The defendant filed a plea in abatement in each case, alleging the pendency of another action for the same cause. The plaintiff thereupon filed a motion to discontinue the action in assumpsit, which was sustained by the presiding Justice against defendant’s…
1Opinion of the CourtWilson, J.
The plaintiff entered into a written contract with the defendant church on the twenty-fifth day of November, 1915, to officiate as priest in accordance with the established canons of the Eastern Orthodox Church of Greece for a period of one year. In June, 1916, the plaintiff was discharged by the defendant on the ground that one of the inducements for entering into the contract was that the plaintiff was a regular priest of that faith in good standing, which the defendant claimed it had discovered was not true.
On the twenty-eighth day of October, 1919, the plaintiff sued out two writs against…
2Cases cited2 opinions
- Haight v. HolleyNew York Supreme Court · 1829
- Beach v. NortonSupreme Court of Connecticut · 1830
3Cited by1 opinion
- Fontaine v. PeddleSupreme Judicial Court of Maine · 1949