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ZORZY v. WHITNEY

99 A.2d 926 (1953)

ZORZY v. WHITNEY.

Supreme Judicial Court of Maine.

October 14, 1953.

Attorney(s) appearing for the Case

Pilot, Pilot & Collins, R. A. Weatherbee, Bangor, for plaintiff.

Rudman & Rudman, Bangor, for defendant.

Before MERRILL, C. J., and THAXTER, FELLOWS, WILLIAMSON and TIRRELL, JJ. MURRAY, A. R. J., did not sit.

THAXTER, Justice.

This was an action of assumpsit brought in the sum of $10,000 for the failure to deliver certain potatoes. It is alleged that the plaintiff and the defendant entered into a written contract on April 7, 1951 whereby the defendant agreed to sell to the plaintiff approximately 3,500 barrels of potatoes which the plaintiff agreed to buy for the sum of $2 per barrel. This contract was in the following form:

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