Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 104

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 104

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...devised to his heirs, per capita and not per stirpes. Davis v. Stinson, 53 Maine, 493. The decree of distribution appealed from conforms in all respects with the construction of the residuary clause of the will as herein determined, and the entry must be, The decree of the Judge of Probate afirmeel with costs. VICTORIA ACETYLENE COMPANY vs. ANDRE R. CuSHmG. Androscoggin. Opinion September 10, 1908. Verdict. Same Sustained. The plaintiff, by defendant's order set up an acetylene gas light machine in the defendant's mill on thirty days' trial. If themachine was satisfactory to the defendant, he agreed to pay $325 for it. The plaintiff broughtan action to recover the price. At the trial of the action the defendant contended that he rejected the machine asbeing unsatisfactory and gave notice thereof within the thirty days to one Waldron who was both the selling and the collecting agent of the plaintifil The verdict was for the defendant, and the plaintiff filed a general motion for a new trial. Held: That the issue presented to the jury was one of fact only, and the verdict is their determination of that issue, reached after deliberation over conflicting testimony and varying inferences arising from the circumstances and conduct of the parties, and that no sufficient reason appears for disturbing the verdict. On motion by plaintifl'. Overruled. Action of assumpsit, upon a special contract, to recover the sum of $325 as the purchase price of an acetylene gas light machine which by the defendant's order, had been set up in his lumber mill, on 30 days' trial. Plea the general issue. The verdict was for the defendant. The plaintiff then filed a general motion for a new KING, J. The plaintiff set up an acetylene gas...
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Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • United States
  • English
  • black & white illustrations
  • 1236794095
  • 9781236794093