Pike v. Smith
Supreme Judicial Court of Maine
On exceptions. An action of assumpsit to recover for labor of plaintiff and wife performed for defendant. Plea, general issue, with brief statement alleging a special contract, and also a release and discharge in writing. At the close of the testimony upon motion by counsel for defendant,- the presiding Justice ordered a verdict for defendant, and plaintiff excepted. Case is stated in the opinion.
1Opinion of the CourtHanson, J.
This is an action of assumpsit to recover for labor of the plaintiff and his wife from November 20, 1916, to November 20, 1917, at $150 per month. The writ contained a quantum meruit count and a money count.
After the evidence was taken out, upon motion of defendant’s counsel, the presiding Justice directed,, a verdict for the defendant. The case is before the court on the plaintiff’s exceptions to such order.
It is not disputed that the plaintiff and his wife performed certain labor as stated in the account annexed to the writ, but the defendant pleads the general issue and by way of brief…
2Cases cited1 opinion
- Royal v. Bar Harbor & Union River Power Co.Supreme Judicial Court of Maine · 1915
3Cited by1 opinion
- Austin v. Inhabitants of St. AlbansSupreme Judicial Court of Maine · 1949