The Portland daily press., 1899-08-17
ONE CUMBERLAND CASE.
re. cripss Handed Down by the Law
Court.

The following rescripts have been hana-
ed down by the law court;
franklin, 81.
Isaac W. Greene va Edward j, Law
romeo. ct ais.
Strout, page, Clark g. Co, in De-
cember, 1925, entered info a contract
with NJ. II. Mymnn, by which Myman
was TO clear tract of tinher land for
five dollars per thousand, to be scaled by
a scalvr by Page, Clark e& Co. They
selected one Low as their scaler The
defendants purchased the land and as.
sumed the rights ani liabilities of Page,
Clatk q Co. Mymau snbles n part of his
contract to the plaintiff Mt four dollars
and twenty-five cents per NJ, and the
parties began operations. 1t was agresu
between Myman and Greene. January,
and logging outfit to the defendants by
u written agreement In which the defen.
dants agreed Ito assume verbal contract
now being carried on, one Alder stream,
as follows: The said l. w. Green agrees
TO cut and haul all the tim Der that there
Is ON the east OF the old Bean rctd, So
called. and extending east TO the j. 4
Harris operation of 1893 and 1894, and as
understood between NJ. ii. Wyman and
the said Greene The onntro versy Is
as to the scale of the lumber hauled by
Greene.
1hc EosuAt IL tuAt A-OckyGrH hOhtd must
govern. His scale, WIS 1,05a,s30 feet,
which at s4.25 per M,amounts TO si,47l ga.
Add to this other items charged which
are not disputed-s 33--inakss plain-
Tins entire claim, 81. 5U2 90 Dsduct
credits Of $5.S52.06, leaves due S64i .2t,
which plaintiff Is entitled to recover, with
interest thereon from July 8. Is. 8, the
date of demand. THE verdict being In ex.
osss of that amount Is erroneous.
II plaintiff will remit SO much of the
verdict as Is In excess of S54i. "a aud inter
est thereon from July 5, 1858, to its rem
dition, within 30 days after notice of this
decision. the motion ard exceptions to
be oy1rruied, otherwise, motion sustained.
Cumberland, ss
John NJ. Fox VS.. Chas. u. Dalton and
IRIS.
!. Strout, 1.-The justice who head this
cause below without jury, foufd as IA
fact that the transfer and assignment Of
the stock In the Yarmouth Man ufacturing
company to the plaintiff was intended
MS collateral security. This finding is
conclusive, unless IL is shown to be clear
ly wrong. Ii Is not so shown. On the
contrary. the court is of the opinion that
the finding was correct. 1t necessarily
follows that plaintiff Is entitled to recoy-
er.
Exceptions ossrruled.
franklin, IS.
OAhfeuoc 1hs NutOut III equity, VS..
George Lewis
Wiswell, J.-Bili in equity to redeem
lands from mortgage Without first
making tender of the amount Their con.
But the bill contains allegations of a
demand by the complainant upon th de-
PENDANT for a true account in writing of
the sum due on the mortgage, and OF the
rents aud profits, and money expended in
repairs and improvements, II any; and e
refusal ard neglect OF the defendant 20
render such an account. The complain
ant in his bill also offers to pay the sum
found equitably due.
The Justice who heard the cause found
that the allegations of the bill were true,
and he must have found that the defen-
dant's refusal to nder such an account
was unreasonable and thar the complain.
ant was thereby prevented from perform
ing or rendering performance OF the con-
dillon of the mortgage. This is sufiiceint
to support the bill without a previous
tender. r.. s. Q. 80, Sec. IA. No evidence
Is reported from which we can decide
that these findings Of the presiding JUS
tice were erroneous.
1t is therefore considered by tue court
that the appeal should be DISMISSED and
the decree below affirmed with addition
al costs.
nnA Ali