Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-10-07
RESCRIPTS DRAWN
IN THREE CASES

hEOOh1I 10 LIMA w ~
IN THREE CASES
A rescript was handed down Friday
by the law court in the Sagadahoc
county case of State VS.. NJ. Is. StrIar,
overruling the exceptions OF the re-
spondent and giving judgment for the
State.
The rescript, which was drawn by
Associate Justice Scott Wilson oI
Portland, is as follows:
The respondent was described in
the complaint as m. Il. Striar whose
full and correct name is to the COM
plainant unknown, of Bangor 10
this complaint the respondent, APP
pearing in his own proper person,
and not by attorney, demurred, de-
scribing himself in his demurrer, and
subscribing to it as NJ. B. Striar.
Held: That having appeared in his
own proper person ana described
| himself in his demurrer, and signed
it by the name of NJ. 3. Striar, he
must be held TO have admitted there
by that either NJ. B. Striar is his full
and correct name, or IS to his sur
name and initials. he was correctly
described in the complaint.
That upon such an admission, in
asmuch as judgment must be rem
dered upon the whole record and not
upon the complaint alone, the COM
plant must be adjudged good upon
demurrer.
That if the respondent wished to
raise the issue by pleading to the
complaint that the name by which
he is described is not his full and
correct name. it should have been
done by plea in abatement.
Exceptions overruled.
Judgment for the State.
Case Reuben Mitchell
The law court Friday handed down
rescript in the Washington county
case of Reuben Mitchell VS.. the
Canadian Realty Company. overrul-
ing the exceptions of the defendant.
The rescript, which was drawn by
Chief Justice Leslie {. CORNISH OF
Augusta, is as follows:
In an action of assumpslt brought
to recover the purchase price of
pulpwood sold and delivered to the
defendant under a written contract
the presiding justice who heard the
! case without the Intervention OF
, Jury gave Judgment in favor OF the
| plaintiff for S310l4.
| On exceptions by defendant 1t Is
| held:
| /. That third persons dealing bona
| fide with one who has been accredited
| to them as an agent are not aHected
| by any limitations upo the general
and apparent scope of his authority
| unless they have knowledge thereof.
| 2. Persons dealing with an agent
! have a right to presume that ms
| agency is general and not limited and
! notice Of the limited authority must
be brought home to their knowledge
before they are to regard 1t.
| 3. The defendant under these prin-
ciples was bound by the acts of its
| agent in making the contract in this
case.
4. The price was specified in the
contract as follows: $3.50, if price
goes up, you to have it." The ruling
! that the defendant thereby undertook
| to pay the highest market price which
! pulpwood of quality described in the
contract reached in the vicinity of
| Harrington prior to the delivery on
board cars was correct.
! S. The decision of the presiding
| Justice as to the quantity and quail
ity Of the pulpwood delivered related
purely to questions of fact and his
| findings thereon are final.
Exceptions Overruled.
| Received October At. 1922.
Case Fred NJ. Wass
A rescript was handed down by the
| law court Friday in the Washington
| county case Of Fred NJ. WaSs VS.. the
Canadian Realty Company. overrullng
! the exceptions Of the defendant
| The rescript. which was drawn by
| Chief Justice Leslie c. Cornish OF
; Augusta, is as follows:
This case. like that Of Mitchell VS..
Canadian Realty Company decided
| herewith, concerns written contract
with much the same questions in
yoved as in that case.
| Held:
/ ]. THAT the same legal rule as to
agency applies as in the Mitchell
case.
>. That the price specified in the
written contract as $3.50 and rise
which others pay was correctly con-
! strued as meaning that the defend
| ant was to pay $3.50 per cord, and If
! the market advanced it was to pay
| the highest market price which pulp
! wood of quality described in the
contract reached in the vicinity of
! Columbia Falls prior to the delivery
! on board cars.
! 8. The findings as to quantity and
/ quality involved purely questions of
/ fact and are final.
J 4. The findings as to accord and
/ satisfaction also involved a ques-
! ton of fact as the testimony on this
! noint was not such that only one in
! therefrom, and is therefore conclu-
! ference or finding could be made
! sive.
! 5. The judgment for plaintiff for
! $234.4i cannot be disturbed.
! Exceptions overruled.
rb