Martin v. Fuller
Supreme Court of Vermont
Assumpsit. The declaration set forth that the plaintiff had sold and delivered to the defendant a quantity of merchandize, — that the defendant thereupon agreed to give the plaintiff security for the payment of the price agreed upon, — and that, the plaintiff having demanded the security, the defendant neglected and refused to furnish it. There was also a count in indeb. assumpsit for goods &c. sold and delivered.
Read the full summary
Assumpsit. The declaration set forth that the plaintiff had sold and delivered to the defendant a quantity of merchandize, — that the defendant thereupon agreed to give the plaintiff security for the payment of the price agreed upon, — and that, the plaintiff having demanded the security, the defendant neglected and refused to furnish it. There was also a count in indeb. assumpsit for goods &c. sold and delivered. The plaintiff gave in evidence the following contract: “Whereas Cyrus B. Martin, of Charlotte, has this day sold to Rufus'M. Fuller his stock of goods and fixtures in his store,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
On an examination of the contract, together with the testimony, we cannot consider the transaction in any other view than as a sale on time, — the defendant to furnish security,— the time to be thereafter agreed upon. The time was agreed on at one and two years. Whether security was in fact offered and refused we cannot determine, as the exceptions find that the testimony on that point was contradictory. The verdict could not, therefore, have been directed by the court below on the general counts, unless they considered that it was…
2Cited by4 opinions
- Nelson & Wallace v. GibsonSupreme Court of Vermont · 1916
- Eddy v. StaffordSupreme Court of Vermont · 1846
- Foster v. AdamsSupreme Court of Vermont · 1888
- Geo. A. Thayer & Co. v. BallouSupreme Court of Vermont · 1859