Bell v. Flanders

• Decision Date: 19 October 1916
• Citation: 98 A. 825
• Parties: BELL v. FLANDERS.
• Court: Maine Supreme Court

98 A. 825

BELL

v. FLANDERS.

Supreme Judicial Court of Maine.

Oct. 19, 1916.

Report from Supreme Judicial Court, Piscataquis County, at Law.

Suit by Frederick L. Bell against Elbridge A. Flanders, wherein, upon defendant's death pending action, his executrix came in to defend. On report from the Supreme Judicial Court. Plaintiff ordered nonsuited.

Argued before SAVAGE, C. J., and CORNISH, KING, HALEY, HANSON, and PHILBROOK, JJ.

Hudson & Hudson, of Guilford, for plaintiff. L. B. Waldron, of Dexter, and C. W. Hayes, of Foxcroft, for defendant.

HANSON, J. This suit was brought to recover damages from the defendant for breach of an oral agreement to purchase and convey to the plaintiff certain water rights in the land of a third party, and is before this court on report. The defendant died pending the action, and his executrix comes in to defend. The declaration contains two counts, each stating the plaintiff's claim substantially as follows:

"In a plea of the case for that the said defendant on the 24th day of January, A. D. 1913, being seised in fee of two tracts or parcels of land situate in the town of Sangerville, county of Piscataquis, and state of Maine, containing 104 acres more or less, known as the Doyle farm in said town, in consideration that the plaintiff would purchase from said defendant said tracts of land and pay therefor the sum of $1,600, the said defendant then and there as a part of the consideration for the conveyance of said farm then and there promised said plaintiff that he would purchase from one Folsom a spring from which the water formerly was taken to the buildings on said farm and lay from said spring to the dwelling house on said farm a water pipe of sufficient size to carry the water from said spring to said house, and would dig the ditch in which to put said pipe and cover said pipe and do all that was necessary to do in order to take said water from said spring to said house; the said plaintiff says that relying upon the promise of said defendant to purchase said spring and lay said pipe as heretofore set out he did buy said farm from said defendant on said 24th day of January, A. D. 1913, and did pay therefor the full purchase price of $1,600 for said farm, and said defendant did on said 24th day of January, A. D. 1913, convey said farm to said plaintiff; but the said defendant did not regard his promise made as aforesaid to purchase said spring and lay said pipe as set out heretofore, but utterly refused and still refuses so to do, by reason whereof the said defendant became liable to pay to said plaintiff the sum of $200, and then and there promised said plaintiff to pay him said sum, yet though often requested has neglected and refused so to do."

The defendant pleaded the general issue, and by brief statement says:

"That the contract, if any, between said plaintiff and Elbridge A. Flanders was for the sale of lands, tenements, and hereditaments, or of some interest in or concerning them, and said contract is not in...