Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-12-01
AROOSTOOk COUNTY

Alden j. Narney vs.. Stephen Z. Ames.
Rescript, Per Curtain.
This is an action of aSSumDSit 10 re-
cover damages for the breach of
contract in writing, wherein the de-
PENDANT agreed 10 raise and sell to the
plaintiff understandable potatoes to the
value Of $3.50, at a price to be fixed by
the market p~ice of table stock pota-
toes. to which was to be added so cents
per barrel The potatoes were raised
upon particular piece of land for
seed. The defendant agreed TO hold in
storage said potatoes until April /. 914
said potatoes to be stored and delv-
cred free of cost TO said Narney at the
nearest railway station. 1t was further
agreed by the defendant that he would
deliver said potatoes at any time be-
fore April /, 1911, and within TWO days
notice from the plaintiff.
The case is before this court upon
report
The plaintiff did not give the defend
ant notice, as required by said agree
ment, to deliver the potatoes until late
in the forenoon of March 81, 1914. az
which time the defendant was on the
road some three miles from his home
The plaintiff was bound TO notify the
defendant a sufficient length of time
before April l, 1914, SO that he. the
plaintiff. might have an opportunity to
deliver the potatoes at the nearest rail
way station, which was two and a half
miles from the place where they were
stored, within the time fixed ny the
contract and in the delivery it must
have been in the contemplation of the
parties that the ordinary methods
would be employed to deliver them. BY
the terms of the contract the defendant
was not obliged to haul the potatoes
after working hours. but he was to
have a sufficient notice so that he
could deliver them at the railroad sta
ton within the usual working hours.
1t would have required 119 barrels of
potatoes to have fulfilled the contract.
The defendant could not, by the en-
plOyment of the ordinary means en-
ployed by farmers in that vicinity. have
returned TO his home and delivered the
potatoes at the railroad station before
April /, 1914. Time was of the essence
of the contract, and we think under the
authorities the notice given the defend
ant by the plaintiff was not a season.
able notice, as it did not give the de-
PENDANT a sufficient time before the
contract expired to deliver the potatoes
at the railway station. Frommell VS..
Foss. 102 Main. 176; Pinkham VS..
Haynes, 1913 Maine. 112. 1t is urged
that the defendant had sold some of
the potatoes raised from the seed
furnished him, but he was only obliged
to furnish potatoes the price of which
would amount to $3.50, as determined
by the market price of table stock
potatoes, to which was to be added so
cents per barrel and according. to the
evidence. it would have required 119
barrels to have fulfilled the contract.
The defendant testified that. at the
time of the demand. March 81, 1914, he
had 500 barrels of the potatoes on hand.
All that he was obliged to have on
hand was enough to fulfill his contract.
There is no evidence that he had any
less than the amount that he testified.
Therefore. as the plaintiff did not sea-
sonably notify the defendant to deliver
the potatoes, and as the defendant had
not put it out of his power to fulfill
his part of the contract, if the plain
tiff had fulfilled his, the Judgment
must be for the defendant.
Judgment for defendant.
Received Nov. 20, 1915