Viles v. Kennebec Lumber Co.
Supreme Judicial Court of Maine
Action of assumpsit with count annexed and also a general count of quantum meruit under which the plaintiff alleged that he would prove the items and charges set out in the account annexed. Defendant filed plea of general issue.
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Action of assumpsit with count annexed and also a general count of quantum meruit under which the plaintiff alleged that he would prove the items and charges set out in the account annexed. Defendant filed plea of general issue. Verdict for plaintiff in the sum of 113,736.23. Defendant filed exceptions to certain rulings of presiding Justice in regard to offering proof of damages caused to defendant by plaintiff's failure to carry out the terms of the special contract, which was offered in evidence and which was the basis of the action, defendant claiming proof of damages could be offered…
1Opinion of the CourtSpeak, J.
This case is in the form of an action in assumpsit, upon an account annexed, and a quantum meruit, with a specification that the pláintiff would offer in proof of the latter count the items and charges enumerated in the account annexed.
The plea was the general issue. The defense offered was a special contract, and alleged breach thereof and a deduction in damages therefor. The case was tried upon the theory: (1) that no claim for a deduction in damages could be made, under the general issue; *150(2) that the plaintiff could recover, regardless of any breach of contract, what the logs delivered…
2Cases cited1 opinion
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
3Cited by10 opinions
- United States Potash Co. v. McNuttCourt of Appeals for the Tenth Circuit · 1934
- Heitz v. SayersSuperior Court of Delaware · 1923
- Levine v. ReynoldsSupreme Judicial Court of Maine · 1947
- Loyal Erectors, Inc. v. Hamilton & Son, Inc.Supreme Judicial Court of Maine · 1973
- United States ex rel. Arlmont Air Condition Corp. v. Premier Contractors, Inc.District Court, D. Maine · 1968
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