Tufts v. Grewer
Supreme Judicial Court of Maine
On exceptions. This was an action of assumjisit brought in the Superior Court, for Cumberland County, for a breach of contract for sale of a soda fountain, and tried by the justice without the intervention of a jury, subject to exceptions, in matters of law. Plea, the general issue.
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On exceptions. This was an action of assumjisit brought in the Superior Court, for Cumberland County, for a breach of contract for sale of a soda fountain, and tried by the justice without the intervention of a jury, subject to exceptions, in matters of law. Plea, the general issue. It was admitted that the contract was performed on the part of the plaintiff; that the fountain was made to the order of the defendant for his own use and especially for him; and the breach of the contract as alleged in the writ is admitted. The defendant •further admitted that the fountain was offered to be…
1Opinion of the CourtPeters, C. J.
It becomes immaterial whether the AA'riting signed by the parties in this case be considered a contract of sale, or a contract to manufacture an article upon the order of the defendant, inasmuch as Ave feel convinced that the rule of damages would be the same in this State whether it be the one or the other kind of contract.
The defendant ordered a soda fountain of the plaintiff, Avhich was manufactured and tendered to him and the price demanded. *411It is admitted that the plaintiff performed all the requirements of the contract resting on him, and that the defendant without legal excuse failed…
2Cases cited2 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Bement v. SmithNew York Supreme Court · 1836
3Cited by9 opinions
- Dehahn v. InnesSupreme Judicial Court of Maine · 1976
- Tuggle v. Green & SonsSupreme Court of Georgia · 1920
- Bridges & Murphy v. McFarlandSupreme Court of Georgia · 1915
- W. J. Holliday & Co. v. Highland Iron & Steel Co.Indiana Court of Appeals · 1909
- River Spinning Co. v. Atlantic MillsU.S. Circuit Court for the District of Rhode Island · 1907
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