Vumbaca v. West
Supreme Judicial Court of Maine
On exceptions by defendant. Special action of assumpsit brought by the plaintiff in the Superior Court, Cumberland County, to recover for breach of a special contract to build a house for the defendant, according to the terms of the contract as set out in the plaintiff’s writ. Plea, the general issue. Verdict for plaintiff for $40. The defendant excepted to certain rulings during the trial. The case is stated in the opinion.
1Opinion of the CourtSavage, J.
Action for breach of contract. The plaintiff in his declaration sets out in full a written memorandum of agreement "for laying blocks of cement house to be located at No. 52 Myrtle Street, Portland, Maine.” As declared upon, the memorandum, so far as it is necessary to state it here, recites that Frank Vumbaca agrees to lay the cement blocks, provide the cement, . . . and supply his own stagings ... on basement completed : height, twenty-nine feet; with two bay windows out, and back end on Stone Street out.
Ida B. West is to furnish all blocks for the work to be done under this contract. . . .…
2Cases cited3 opinions
- Medway Cotton Manufactory v. AdamsMassachusetts Supreme Judicial Court · 1813
- McDonough v. HeymanMichigan Supreme Court · 1878
- Orme v. ShephardSupreme Court of Missouri · 1842
3Cited by1 opinion
- Interstate Industrial Uniform Rental Service, Inc. v. F. R. Lepage Bakery, Inc.Supreme Judicial Court of Maine · 1980