The Portland daily press., 1883-06-13
Superior Court.


The following decisions have been placed upon file
In tried by the Court without the intervention
of the jury:
George I. Mclaughlin ct al. V. Samuel H. Lisk
Action of assumpst to recover the value of piano.
Defence-that plaintiffs agreed to furnish piano
nished did not give satisfaction. The plaintiffs
claimed that after sufficient trial the defendant
agreed to and did accept the piano. Decision for
P. j. Larrabee for plffs. W. L. Putnam for deft.
Frank III. Atwood V; Eben \. Perry. Action TO
recover damages for breach of contract in which
the defendants agreed to furnish within six months
from the close of the corn packing season of 1881
two thousand cases of corn of the pack of 1881,
each case to contain two dozen two pound cans .
and that the plaintiff should pay defendants for
said corn at the of 1.15 cents for each dozen
cans, SC. There was also clause in the contract
that the plaintiff to furnish labels at cost This
provision, however, was waived by the plaintiff.
The defendant claimed that there was variance
between the two contracts in the hands of the par
ties which intended to be duplicates; that the
defendant broke the contract IN not furnishing Ia
bells; that the defendant ordered the corn
til it too late by terms OF the contract the
corn should have been ordered during the first two
months.
The plaintiff claimed that the reason they did not
get the corn was that the defendant received bet
ter price and sold to other parties.
Decision for the plaintiff for S9Sl.64.
c. p. Mattocks for plG
S. Z. Sylvester V. Herbert n Pinkham. Action
of assumpst to recover balance Of S171.30, al
legged to be due for four hundred shares of Edge
moggin mining stock. The defense twas that he
took the stock broker to sell for the plaintiff
over the brokers mining board in Boston, and that
the plaintiff so understood it. The plaintiff, how
ever, claimed that he sold the stock the defend
ant and in confederation of his position put in evil
PORTLAND. November Is. 1881.
400 shares. have purchased of DR.. s. E.
Sylvester four hundred shares of the stock of the
Edgemoggin M Co. at fifty three cents per share,
with interest at the rate Of six per cent per
Signed H. N. PISKHAM,
usual option note given by brokers, and that by
customit did not make the broker personally LA
bic. Decision for the plaintiff for Sls2.2o.
John L. Bracket V. George H. Knight. Rsplevin
for shaft, leather belt, pulley, hangers. etc. al
legged to have been taken from plaintiffs mill By
the defendant, who was tenant of the plaintiff.
Defendant claimed the smachinery under mort
gage from one Bracket Decision for the plaintiff;
damages assessed at 1920.
II. & WI. Knowlton for deft.
Nathaniel Gardiner V. Mary c. Guptill Action
by real estate agent to recover commission of
two and onehaf per cent. upon an exchange of the
defendants farm with w. D. Bickford and father,
In which the defendant realized $3.50. The de-
Tense was that, although the plaintiff introduced
the Bickfords to the defendant, there no trade
made and subsequently the place withdrawn
made upon an entirely different basis, as defendant
claims, without any aid OF assistance from plaintiff
Decision for plaintiff for S16S.75 and interest from
the date of the writ.
E. s. RidIon for pln G. F. Libby for delft.
William L. Hastings v. George b. IeaV1ft and
Samuel A. Berry. June 9Th, 1879, the defendants
hired organ to be used at greenback meetings in
Deering, at the rate of 81 quarter. At the date
Of the writ, December 18th, 1882, the organ had
not been returned, but was in the possession Of Mr.
Berry. In this suit Berry was defaulted. Leavitt
defends on the ground that he never agreed to be
responsible for the rent of than one quarter.
He claimed that the order for the organ which
Hastings required them to send by the truckman
when he came for the organ was never signed by
him; that his name was forgery. Decision for the
plaintiff for SIT and interest from the date of he
writ.
d. c. Reed-M. P. Frank for plif.
N.&H. B. Cleaves for deft.
Arthur Wight v. Edwin b. Wight and Grand
Trunk Railway Company, Trustee. Trustee dis
charged with costs.
G. c. & G. E. Wing for plf.
George D. Rand for Trustee.
Jacob Fl. Groves Y. John Mansfield and Grand
Trunk Railway Company, Trustee. Trustee charged
for S11 80, the amount disclosed, less costs.
G. Hale for plff Geo. D. Rand, atty for Trustee.