Unadilla Silo Co. v. M. A. Hull & Son
Supreme Court of Vermont
General Assumpsit for the price of a silo. Plea, the general issue. Trial by jury at the March Term, 1914, Franklin County, Stanton, J., presiding. Yerdict and judgment for the plaintiff. The defendants excepted. By the terms of the contract, the silo was to be built of “Canadian Spruce” wood, and to be shipped at once to Enos-burg Falls, Vermont, to be paid for upon its arrival there, either in cash or by note as specified in the contract.
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General Assumpsit for the price of a silo. Plea, the general issue. Trial by jury at the March Term, 1914, Franklin County, Stanton, J., presiding. Yerdict and judgment for the plaintiff. The defendants excepted. By the terms of the contract, the silo was to be built of “Canadian Spruce” wood, and to be shipped at once to Enos-burg Falls, Vermont, to be paid for upon its arrival there, either in cash or by note as specified in the contract. The price was “F. O. B. cars, factory, Unadilla, N. Y.” The defendants agreed to accept the silo on arrival, and to pay freight on same from Unadilla.…
1Opinion of the CourtWatson, J.
The written contract of sale, the material parts of which are given or set forth in the statement of the case, was executory. By it the plaintiff agreed to ship from its factory in Unadilla, New York, to the defendants, at Enos-burg Falls, this State, a silo built according to the specifications contained in the contract, for which, upon its arrival at the latter place, defendants agreed to pay the sum named, either by cash or note as stated in the contract. The price was “F. 0. B. cars, factory,” at the place of shipment. Among other things, the contract expressly specified that the silo,…
2Cases cited26 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Reed v. . RandallNew York Court of Appeals · 1864
- Wright v. NagleSupreme Court of the United States · 1880
- Cream City Glass Co. v. FriedlanderWisconsin Supreme Court · 1893
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3Cited by5 opinions
- Niles v. DanforthSupreme Court of Vermont · 1923
- Rosenbaum Hardware Co. v. Paxton Lumber Co.Supreme Court of Virginia · 1919
- Globe Granite Co. v. ClementsSupreme Court of Vermont · 1918
- Marlie Trading, Inc. v. Biggs Boiler Works Co.Ohio Court of Appeals · 1960
- Grainger Bros. v. G. Amsinck & Co.Court of Appeals for the Eighth Circuit · 1926