R. J. Caldwell Co. v. Cushnoc Paper Co.
Supreme Judicial Court of Maine
Action of assumpsit to recover balance of agreed price of thirty-six dryer felts furnished defendant by plaintiff under written contract. The defendant pleaded the general issue, together with a brief statement claiming the right to. recoup in damages on account of the failure of the plaintiff to deliver these felts according to agreement. During the trial, the defendant offered certain copies of letters written by the defendant to the agent of the plaintiff in Boston.
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Action of assumpsit to recover balance of agreed price of thirty-six dryer felts furnished defendant by plaintiff under written contract. The defendant pleaded the general issue, together with a brief statement claiming the right to. recoup in damages on account of the failure of the plaintiff to deliver these felts according to agreement. During the trial, the defendant offered certain copies of letters written by the defendant to the agent of the plaintiff in Boston. The plaintiff’s counsel excepted to the admission of these copies, claiming that seasonable notice had not been given to…
1Opinion of the CourtBird, J.
This is an action on the case for the recovery of the balance of the agreed price of thirty-six dryer felts furnished defendant by plaintiff under written contract, or four hundred twenty-nine dollars and sixty cents with eleven dollars and eighty-eight cents interest. The general issue is pleaded by defendant with brief statement claiming the right to recoup from plaintiff two hundred and ninety-one dollars and ninety-six cents which it alleges it expended in excess of the contract price for felts which *413it was compelled to buy of others by reason of the failure of plaintiff to deliver felts…
2Cases cited3 opinions
- Lee Sing Far v. United StatesCourt of Appeals for the Ninth Circuit · 1899
- Wait v. M'NeilMassachusetts Supreme Judicial Court · 1811
- Bourne v. BuffingtonMassachusetts Supreme Judicial Court · 1878