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AGWAY, INC. v. ERNST

394 A.2d 774 (1978)

AGWAY, INC. v. John ERNST and John Ernst, Inc.

Supreme Judicial Court of Maine.

November 21, 1978.

Attorney(s) appearing for the Case

Pierce, Atwood, Scribner, Allen, Smith, & Lancaster by Malcolm L. Lyons (orally), David T. Flanagan, Portland, for plaintiff.

Jolovitz & Niehoff by Lawrence Boris (orally), William P. Niehoff, Waterville, for defendant.

Before POMEROY, WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ.

POMEROY, Justice.

Appellant Agway, Inc. filed suit in 1972 in the Superior Court, Kennebec County against appellee Ernst for $19,691.161 alleged to be due on an account. Ernst counterclaimed for $47,224.00, alleging that over a four-year period Agway had overcharged him in that amount. The parties subsequently agreed to submit the case to a referee, reserving rights of appeal. M.R. Civ.P. Rule 53.

After hearings, the referee found...

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