MARSHALL v. LOWD


147 A.2d 667 (1958)

Byron MARSHALL and Richard C. Jones, v. Roland B. and Stella A. LOWD and Frances Horn.

Supreme Judicial Court of Maine.

December 23, 1958.


Attorney(s) appearing for the Case

Sewall, Strater & Erwin, York Village, for plaintiffs.

J. Armand Gendron, Sanford, for defendants.

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


SIDDALL, Justice.

This is an action on the case in the nature of special assumpsit brought to recover damages for breach of a written contract for the sale and removal of standing wood and timber. The defendants demurred to the plaintiffs' declaration. The demurrer was overruled by the presiding justice, and exceptions were duly taken by the defendants.

The plaintiffs' declaration reads as follows:

"1. In...

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