Noyes v. Fitzgerald
Supreme Court of Vermont
Assumpsit. Plea general issue with notice of payment. Trial by jury, and verdict for plaintiff. The plaintiff claimed to recover a balance alleged to be due him from the defendant on account of sixteen days’ work done by the plaintiff for the defendant in the building of a house for the defendant at North Walpole, New Hampshire, which is just across the Connecticut River from Bellows Palls in Vermont, under an alleged contract that the defendant would pay the plaintiff…
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Assumpsit. Plea general issue with notice of payment. Trial by jury, and verdict for plaintiff. The plaintiff claimed to recover a balance alleged to be due him from the defendant on account of sixteen days’ work done by the plaintiff for the defendant in the building of a house for the defendant at North Walpole, New Hampshire, which is just across the Connecticut River from Bellows Palls in Vermont, under an alleged contract that the defendant would pay the plaintiff carpenters’ wages therefor. The plaintiff also claimed to recover upon the quantum meruit, if a special contract was not made…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
This evidence was too remote. It stands on no stronger ground than the rule that distant markets cannot be consulted in proof of values unless the markets are in some way inter-dependent o^sympathetic. 2 Whart. Ev. s. 1290; Rice v. Manly, 66 N. Y. 82. No more liberal rule should be adopted here. Prices in the same vicinity may be shown. Vilas v. Downer, 21 Vt. 419, followed in Stanton v. Embrey, 93 U. S. 557. In Benham v. Dunbar, 103 Mass. 369, it is said that if the value of a town lot was in question, evidence as to the value of other lots…
2Cases cited4 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Rice v. . ManleyNew York Court of Appeals · 1876
- Vilas v. DownerSupreme Court of Vermont · 1849
- McGrath v. City of BostonMassachusetts Supreme Judicial Court · 1869
3Cited by1 opinion
- Tufts v. Town of ChesterSupreme Court of Vermont · 1890