Legal Opinion

Horne v. Richards

Supreme Judicial Court of Maine

Decided March 18, 1915PublishedCited by 1 opinion

On motion and exceptions by defendant. This is an action of assumpsit on an account annexed and a count upon a quantum meruit, to recover for hauling and loading on cars 71 coi'ds of wood. The verdict was for plaintiff for $63.67. The defendant excepted to certain rulings and instructions of the presiding Justice, and filed a general motion for a new trial. The case is stated in the opinion.

1Opinion of the CourtKing, J.

Assumpsit on an account annexed containing a count upon a quantum meruit to recover for hauling and loading on cars 71 cords of wood. The verdict was for $63.67, and the case comes up on defendant’s exceptions and motion for a new trial.

The case shows that the parties on November 28, 1912, entered into a written contract under seal whereby the plaintiff agreed to haul and load on cars all of the defendant’s wood cut on the Mason lots, so-called, for $1.00 per cord, and the defendant on his part agreed to. pay the price specified for the work and in addition “to swamp the roads through and by…

2Cases cited2 opinions

  1. Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
  2. Bailey v. MardenMassachusetts Supreme Judicial Court · 1906

3Cited by1 opinion

  1. Boydstun v. Hackney Land Credit Co.Supreme Court of Minnesota · 1920

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