Trow v. Braley
Supreme Court of Vermont
Assumpsit. Plea, off-set. Trial by court, September Tern), 1880, Redeield, J., presiding. Judgment for the plaintiff. cited, on the question of off-set, and to prove that the defendant had one, Foot v. Ketchum, 15 Yt. 258; .Downer v. Sotith Royalton Ranh, 39 Yt. 25; Walker v. Sargent, 14 Yt. 247 ; Ramey v. Grover, 28 Yt. 391; Chamberlain v. Ray, 3 Cow. 353 ; Carroll v. Malone, 28 Ala., 521; Rriggs v. Rockwell, 11 Wend. 504; Dyer v. Horner, 22 Pick. 256; Rragg v. Fletcher, 20…
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Assumpsit. Plea, off-set. Trial by court, September Tern), 1880, Redeield, J., presiding. Judgment for the plaintiff. cited, on the question of off-set, and to prove that the defendant had one, Foot v. Ketchum, 15 Yt. 258; .Downer v. Sotith Royalton Ranh, 39 Yt. 25; Walker v. Sargent, 14 Yt. 247 ; Ramey v. Grover, 28 Yt. 391; Chamberlain v. Ray, 3 Cow. 353 ; Carroll v. Malone, 28 Ala., 521; Rriggs v. Rockwell, 11 Wend. 504; Dyer v. Horner, 22 Pick. 256; Rragg v. Fletcher, 20 Yt. 354; Ranh of Niagara v. Rosevelt, 9 Cow. 409. cited, Strong v. Strong, 2 Aik. 373 ; Rob. Dig. p. 46; Weeks v. Hunt,…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
This action is to recover the contract price for a job of work done by the plaintiff for the defendant. The contract was assigned to George W. Soper, October 14, 1879, and *561notice thereof given to the defendant the next day. This suit is prosecuted for the benefit of Mr Soper. The contract was performed to the acceptance of the defendant October 31, 1879, and he then promised to pay, and gave no notice that he- held any claim in offset. The defendant’s promise to pay then made, was in legal effect a promise to pay the party entitled to receive…
2Cases cited1 opinion
- Stiles v. FarrarSupreme Court of Vermont · 1846
3Cited by3 opinions
- Preston v. Russell, Follensby & Co.Supreme Court of Vermont · 1899
- Barre Granite Co. v. FraserSupreme Court of Vermont · 1909
- Blue Valley Lumber Co. v. Abner Conro & SonNebraska Supreme Court · 1900