BRUNSWICK ARTESIAN WELL CO. v. HUTCHINSON


420 A.2d 1227 (1980)

BRUNSWICK ARTESIAN WELL CO. v. David I. HUTCHINSON.

Supreme Judicial Court of Maine.

Decided October 14, 1980.


Attorney(s) appearing for the Case

Fitzgerald, Donovan, Conley & Day, John J. Sears (orally), John Moncure, Bath, for plaintiff.

John L. Hamilton, New Gloucester (orally), for defendant.

Before McKUSICK, C. J., and WERNICK, GODFREY, NICHOLS, GLASSMAN and ROBERTS, JJ.


ROBERTS, Justice.

After trial in the District Court, Brunswick, judgment for $1,954 was entered against David I. Hutchinson in favor of Brunswick Artesian Well Co. The Superior Court affirmed the judgment. On appeal to this court Hutchinson asserts that the trial court erred in denying his motion to dismiss under M.D.C.Civ.R. 12(b)(6) and in admitting in evidence an affidavit purporting to establish a prima facie case under 16 M.R.S.A. § 355. We reverse the decision...

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