D.W. SMALL & SONS, INC. v. MAHONEY


401 A.2d 164 (1979)

D. W. SMALL & SONS, INC. v. Virgil Don MAHONEY d/b/a Don's Garage.

Supreme Judicial Court of Maine.

May 10, 1979.


Attorney(s) appearing for the Case

Hale & Hamlin by Dale L. Worthen, Ellsworth (orally), for plaintiff.

Markos & Roy, Peter R. Roy, Ellsworth (orally), for defendant.

Before McKUSICK, C. J., and POMEROY, WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ.


MEMORANDUM OF DECISION.

Defendant appeals from a judgment entered on a jury's verdict awarding plaintiff $4,202.20 found to be due on an open credit account for petroleum products, tires, batteries, and automobile accessory goods purchased by defendant from plaintiff's assignor. On appeal defendant argues that the presiding justice erred in admitting in evidence an affidavit to which was appended an "account annexed" and in denying his motions for a directed verdict...

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