DELAHANTY v. CHICOINE MOTOR SALES


120 A.2d 714 (1956)

Milton DELAHANTY v. CHICOINE MOTOR SALES, Inc.

Supreme Judicial Court of Maine.

February 1, 1956.


Attorney(s) appearing for the Case

Berman & Berman, Lewiston, for plaintiff.

Frank W. Linnell, Auburn, for defendant.

Before FELLOWS, C. J., and WILLIAMSON, WEBBER, BELIVEAU, TAPLEY and CLARKE, JJ.


WILLIAMSON, Justice.

On exceptions. This is an action in assumpsit to recover $285.15 for taxes paid to the defendant's use. The defense is that the action is barred by a mutual release executed prior to the commencement of suit. The presiding Justice in the Superior Court, hearing the case without a jury, found for the defendant.

The evidence offered by the plaintiff, as stated in the bill of exceptions, may be summarized...

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