F. R. Conant Co. v. Lavin

• Court: Maine Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: F. R. Conant Co. v. Lavin, 124 Me. 437, 126 A. 647 (Me. 1924)
• Decision Date: 29 November 1924
• Parties: F. R. CONANT CO. v. LAVIN.

126 A. 647

F. R. CONANT CO.

v. LAVIN.

Supreme Judicial Court of Maine.

Nov. 29, 1924.

Exceptions from Supreme Judicial Court, Androscoggin County, at Law.

Action by the F. R. Conant Company against S. F. Lavin. Judgment for plaintiff, and defendant excepts. Exceptions overruled.

Argued before CORNISH, C. J., and PHILBROOK, DUNN, WILSON, DEASY", and STURGIS, JJ.

Reuel W. Smith, of Auburn, for plaintiff.

Benjamin L. Berman, of Lewiston, and Jacob H. Berman and Edward J. Berman, both of Portland, for defendant.

PER CURIAM. The question of this case, with regard to which exceptions by the defense are insisted to apply, is presented by simple and undisputed facts.

From time before and inclusive of that of the transaction in dispute, Mr. S. F. Lavin, the defendant, was treasurer and manager of the Metropolitan Auction Rooms, the corporation in Lewiston of that name. In 1917 or 1918, to begin at the beginning and trace to the instant situation, Mr. Lavin and the F. R, Conant Company first dealt together. At that time the company sold him the lumber that built his garage. About two years later Mr. Lavin was vendor to the company in business that concerned the sale and purchase of certain doors and windows. Within the next year, the original positions being resumed, the company sold and charged material to Mr. Lavin that went to the place of the Metropolitan Auction Rooms, and was paid for by the promissory note of that concern, signed by Lavin as treasurer. One month later the company had the check of the Metropolitan Auction Rooms in settlement of something not debited as a book account, the nature of which is not shown. Lavin, treasurer, issued that check.

Thus matters were for twenty months. Then it was planned to construct an annex to the building owned by the auction rooms and to erect a garage for that corporation. One Vye, a carpenter, was employed. Lavin went with Vye to the office of the plaintiff, and there spoke to its treasurer. Vye, after stating that he was to build an annex and also a garage at the Metropolitan Auction Rooms, showed schedules of the lumber that would be required, and listed prices at which he said that he expected to buy. Plaintiff met the prices. Who owned the building was not mentioned. Neither Lavin nor Vye volunteered information, and the plaintiff's treasurer did not ask, against whom the charges were to be made.

Work was begun. Vye, as lumber and material were needful, telephoned plaintiff therefor 19 different times. Sixteen of the original order sheets, written in plaintiff's office when the orders were severally filed, read "For S. P. Lavin." The others read, "S. F Lavin for Metropolitan Auction Rooms," "For S. F. Lavin Job Main St. Lew. Metro. Auction Rooms," "For S. F. Lavin Job Main St. Lew. Metro. Auction Rooms," and "For S. F. Lavin Job Met. Auc," respectively. Each load was charged to Lavin at the time and as delivered, though not by any special direction from him. Monthly bills were sent Lavin. He never objected, but in testifying explained that his daughter, the bookkeeper for the...