Haarparinne v. Butter Hill Fruit Growers Ass'n
Supreme Judicial Court of Maine
On motion for a new trial by defendant. An action of assumpsit to recover for 150 barrels of apples at $5.50 per barrel. Plea, the general issue. The question involved was as to whether the defendant was acting, in the handling and packing of the apples of plaintiff, as agent of plaintiff, or purchaser. The case was tried to a jury and a verdict for'$786.50 was rendered for plaintiff, and defendant filed a general motion for a new trial.
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On motion for a new trial by defendant. An action of assumpsit to recover for 150 barrels of apples at $5.50 per barrel. Plea, the general issue. The question involved was as to whether the defendant was acting, in the handling and packing of the apples of plaintiff, as agent of plaintiff, or purchaser. The case was tried to a jury and a verdict for'$786.50 was rendered for plaintiff, and defendant filed a general motion for a new trial. The case is fully stated in the opinion.
1Opinion of the CourtSpear, J.
The action in 'this case is assumpsit for the price of 150 barrels of apples at $5.50 per barrel, with á money count. The *139plea was the general issue. The relation of the plaintiff and defendant does not grow out of an alleged agreement of sale, acceptance and delivery, but arises from the voluntary membership of the plaintiff, as a stockholder, in the defendant corporation, as appears from the following certificate of stock and the certificate of incorporation of the Association:
“This certifies that A. Haarparinne is the owner of one share of the Capital Stock of the Butter Hill Fruit Growers…
2Cited by10 opinions
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- City of Owensboro v. Dark Tobacco Growers' Ass'nCourt of Appeals of Kentucky (pre-1976) · 1927
- Spencer Co-operative Live Stock Shipping Ass'n v. SchultzWisconsin Supreme Court · 1932
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