Legal Opinion

Agway, Inc. v. Ernst

Supreme Judicial Court of Maine

Decided November 21, 1978PublishedCited by 11 opinions

1Opinion of the Court

POMEROY, Justice.

Appellant Agway, Inc. filed suit in 1972 in the Superior Court, Kennebec County against appellee Ernst for $19,691.16 1 alleged to be due on an account. Ernst counterclaimed for $47,224.00, alleging that over a four-year period Agway had overcharged him in that amount. The parties subsequently agreed to submit the case to a referee, reserving rights of appeal. M.R. Civ.P. Rule 53.

After hearings, the referee found that an oral agreement had existed between Agway and Ernst, and that Agway’s billings were in violation of the terms of such oral agreement. He concluded there was a…

2Cases cited12 opinions

  1. Bankers Trust Company, a Corporation v. Pacific Employers Insurance Company, a Corporation, and the Century Insurance Company, Limited, a CorporationCourt of Appeals for the Ninth Circuit · 1960
  2. Nat Nal Service Stations, Inc. v. WolfNew York Court of Appeals · 1952
  3. Gill v. Richmond Co-operative Ass'nMassachusetts Supreme Judicial Court · 1941
  4. Gulf Oil Corporation v. Lone Star Producing CompanyCourt of Appeals for the Fifth Circuit · 1963
  5. Pino v. Maplewood Packing Co.Supreme Judicial Court of Maine · 1977

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3Cited by11 opinions

  1. Ideal Dairy Farms, Inc. v. John Labatt, Ltd. John Labatt, Inc. Tuscan Dairy Farms, Inc. Johanna Dairies Incorporated Robert Facchina Abc Companies, 1 Through X (Fictitious Names of Labatt Affiliates That Actively Participated in the Monopolistic Practices Described Below, but Whose Identities Are Presently Unknown) John Does, 1 Through X (Fictitious Names of Officers And/or Directors of the Corporate Who Actively Participated in the Decision-Making Regarding the Monopolistic Practices Described Below, but Whose Identities Are Presently Unknown) Elmhurst Milk & Cream Company, Inc. Local 584, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Afl-Cio Honeywell Farms, Inc., T/a Elmhurst Dairy. Tuscan Dairy Farms, Inc., Defendant/third-Party v. Ideal Dairy Farms, Inc. Gilbert Levine Mark Greenberg, Third-PartyCourt of Appeals for the Third Circuit · 1996
  2. Diversified Foods, Inc. v. First National Bank of BostonSupreme Judicial Court of Maine · 1992
  3. June Roberts Agency, Inc. v. Venture Properties, Inc.Supreme Judicial Court of Maine · 1996
  4. Philip C. Tobin v. Philip N. BarterSupreme Judicial Court of Maine · 2014
  5. Roger Edwards, LLC. v. Fiddes & Son, Ltd.District Court, D. Maine · 2003

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