54 Me. 104 | Me. | 1866
Exceptions to the ruling of the presiding Judge, charging the trustee. ■ Both cases depend upon
By the terms of the contract the price was payable upon the completion of the work. There was, therefore, nothing due from the trustee to the principal defendant, when service of the trustee process was made upon him; non constat that there ever would be. Ford could not maintain an action against Nash, either on the express contract, because he had not performed his part of it, or upon a quantum meruit, since, at the time of the service of the trustee process, there had been no abandonment of the contract by the principal defendant, and no acceptance of the work by the trustee. Exceptions sustained.
Trustee discharged.