Jordan v. Fitz
Supreme Court of New Hampshire
Assumpsit, to recover for hauling 124,150 feet of spruce logs in the winter of 1877-’8, at $1.50 per thousand. Facts found by a referee. The plaintiff contracted to haul to the Connecticut river, in the logging season of 1877-8, all the timber that J. should yard from lot 57 in Lemington, Vt., for $1.50 per thousand feet. He hauled 124,150 feet, and then abandoned the contract for reasons that did not excuse him from performance.
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Assumpsit, to recover for hauling 124,150 feet of spruce logs in the winter of 1877-’8, at $1.50 per thousand. Facts found by a referee. The plaintiff contracted to haul to the Connecticut river, in the logging season of 1877-8, all the timber that J. should yard from lot 57 in Lemington, Vt., for $1.50 per thousand feet. He hauled 124,150 feet, and then abandoned the contract for reasons that did not excuse him from performance. The contract was entered into in New Hampshire, where the parties resided. The land and work to which the contract related were in Vermont. If the court shall be of…
1Opinion of the CourtAllen, J.
The contract for hauling the timber was to be performed in Vermont, and the construction of the contract must be according to the law of the place of performance. Dyer v. Hunt, 5 N. H. 401; Thayer v. Elliott, 15 N. H. 102; Stevens v. Norris, 80 N. H. 466, 469; Whitney v. Whiting, 35 N. H. 457, 462, 463; Low v. Railroad, 45 N. H. 370, 377; Howard v. Fletcher, 59 N. H. 151. In Vermont, a person contracting with another to. labor for a definite period of time, or to render service which is incapable of apportionment, and voluntarily abandons the service before completion, cannot recover for the…
2Cases cited12 opinions
- Kettle v. HarveySupreme Court of Vermont · 1849
- Brandon Manufacturing Co. v. MorseSupreme Court of Vermont · 1875
- Gilman v. HallSupreme Court of Vermont · 1839
- Booth v. TysonSupreme Court of Vermont · 1843
- Dyer v. JonesSupreme Court of Vermont · 1830
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3Cited by2 opinions
- J. H. Horne & Sons Co. v. Bath Fibre Co., Inc.Court of Appeals for the First Circuit · 1959
- In Re MaxcyUnited States Bankruptcy Court, D. Massachusetts · 1985