Poland v. Face
Supreme Judicial Court of Maine
On motion by defendant. Assümpsit on account annexed. The action was tried at the April term, 1904, of the Supreme Judicial Court, Knox County, where the plaintiffs recovered a verdict for $1,333.42. Thereupon the defendant filed a general motion for a new trial. The case is sufficiently stated in the opinion.
1Opinion of the CourtPeabody, J.
This case comes up on motion for a new trial.
It is an action of assumpsit on account annexed. The plaintiffs were verbally engaged to sink an artesian well at $3.50 afoot. No limit was set to the depth of the well beyond a general statement of the amount of water required by the defendant, and the time of payment was not referred to in the contract. After drilling 386 feet, a depth much greater than at first anticipated, and not obtaining the requisite supply of water, the financial condition of the plaintiffs made it difficult for them to continue the work without some payment on account.…
2Cases cited2 opinions
- Walker v. TuckerIllinois Supreme Court · 1873
- Cleary v. SohierMassachusetts Supreme Judicial Court · 1876
3Cited by6 opinions
- Thiem v. ThomasSupreme Court of New Hampshire · 1979
- Stewart v. . NewburyNew York Court of Appeals · 1917
- Rockland Poultry Co. v. AndersonSupreme Judicial Court of Maine · 1952
- Pagenkopf v. PhelpsCourt of Appeals of Texas · 1923
- Farnum v. Kennebec Water Dist.Court of Appeals for the First Circuit · 1909
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