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LARSEN v. ZIMMERMAN

135 A.2d 270 (1957)

Oskar LARSEN v. Herman ZIMMERMAN and Bertha Zimmerman.

Supreme Judicial Court of Maine.

October 11, 1957.

Attorney(s) appearing for the Case

Phillips & Olore, Presque Isle, for plaintiff.

James A. Bishop, Presque Isle, for defendants.

Before WILLIAMSON, C. J., and WEBBER, BELIVEAU, TAPLEY, SULLIVAN, and DUBORD, JJ.

WILLIAMSON, Chief Justice.

This action upon an account annexed for materials furnished and labor performed in the construction of a dwelling house is before us on exceptions to the acceptance of a referee's report. The referee found for the plaintiff in the amount of the claim, or $776.11. The sole issue is whether the referee erred as a matter of law in finding that the defendants had not established the defense of accord...

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