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63 Me. 175

Fessenden v. Forest Paper Co.

Supreme Judicial Court of Maine

Decided July 1, 1874

Supreme Judicial Court of Maine · decided 1874-07-01

On report from the superior court. Assumpsit upon an account annexed for repairs made by the plaintiff for the defendants upon two bleaches, which were originally manufactured for the paper company by the firm of Charles Staples and Son, in which firm Mr. Fessenden was then a partner, succeeding to its business upon the dissolution of the partnership.

Decided 1874-07-01

¶1Rescript.

¶2The plaintiff and others manufactured certain articles for the defendants who paid the price therefor, although some defects of manufacture existed therein. This plaintiff, under his individual contract with the defendants, repaired the articles, and thereupon brings this suit to recover for such repairs. The defendants cannot have deducted from the sum due him anything on account of their claim for over-payment to the original manufacturers.

¶3Therefore, there must be

¶4Judgment for the plaintiff.

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