Freeman v. Fogg
Supreme Judicial Court of Maine
On motion and exceptions. The plaintiff having recovered, a verdict, the defendant excepted to the rulings and instructions of the court, as appears in the opinion. The motion was not pressed at the argument, there being no report of the defendant’s evidence. Amendment introduced a new cause of action.
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On motion and exceptions. The plaintiff having recovered, a verdict, the defendant excepted to the rulings and instructions of the court, as appears in the opinion. The motion was not pressed at the argument, there being no report of the defendant’s evidence. Amendment introduced a new cause of action. Newall v. Hussey, 18 Maine, 249; Vancleef v. Therasson, 3 Pick. 12; Ball v. Claflin, 5 Pick. 304. The two contracts differ in date, consideration, acts to be done by defendant, and measure of damages. Cooper v. Waldron, 50 Maine, 80 ; Sawyer v. Goodwin, 34 Id. 419; Annisv. Gilmore, 47 Id. 152;…
1Opinion of the CourtPeters, C. J.
In the account annexed, tbe plaintiff’s claim is alleged in this form: “To consideration for my conveyance to you (defendant) of one sixth interest in your farm in Cornville— $1,000.00.” After the trial had proceeded at some length, the plaintiff was allowed to amend his writ by adding a special count, alleging a sale to defendant of one sixth of the farm, a promise of the defendant, in consideration of such conveyance, to render to the plaintiff a life-support at his home, a breach of the promise, and the damages occasioned thereby, — a condition of the amendment to be tliat no more than one…
2Cited by10 opinions
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- Welland v. WilliamsNevada Supreme Court · 1892
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