Robinson v. Fiske
Supreme Judicial Court of Maine
This was an action of assumpsit in which the plaintiff claimed to recover an alleged balance for cutting and hauling a quantity of pine logs from defendants’ township, under a written contract dated October 12, 1841. At the trial, before Whitman C. J. the plaintiff, in support of his claim, called Daniel Davis, who testified, that ho went on in April, 1842, for the purpose of scaling all the logs except what have been scaled by O. W. Gilman, that he had a letter of…
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This was an action of assumpsit in which the plaintiff claimed to recover an alleged balance for cutting and hauling a quantity of pine logs from defendants’ township, under a written contract dated October 12, 1841. At the trial, before Whitman C. J. the plaintiff, in support of his claim, called Daniel Davis, who testified, that ho went on in April, 1842, for the purpose of scaling all the logs except what have been scaled by O. W. Gilman, that he had a letter of instructions from the defendants, directing him to scale and examine each log, and that no logs would bo paid for unless he made…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
A contract between the plaintiff and the defendants, was entered into in October, 1841, in which the plaintiff agreed to cut and haul timber for' the defendants, from their land, during the succeeding logging season, at a certain rate per thousand feet, board measure; and this action is brought to recover a balance, alleged by the plaintiff to be due to him for his services under that contract. By the terms of the contract the plaintiff was to employ six good six ox teams in the business; and was to cut and haul sound pine timber, suitable…
2Cited by3 opinions
- M. De Matteo Construction Co. v. Maine Turnpike AuthorityDistrict Court, D. Maine · 1960
- Connecticut Valley Lumber Co. v. StoneCourt of Appeals for the Second Circuit · 1914
- Berry v. HarrisSupreme Court of New Hampshire · 1861