Jones v. Marsh
Supreme Court of Vermont
Assumpsit. The plaintiff alleged in his declaration, that on the thirty first day of September, 1847, he contracted with the defendant, to purchase of him all the new milk cheese which he then had on hand, and all that he should make between that time and the first day of October, 1847, at seven cents per pound, to be delivered at the wharf at St. Albans Bay on the fifteenth day of October, 1847, and that he advanced to the defendant fifty dollars on account of said…
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Assumpsit. The plaintiff alleged in his declaration, that on the thirty first day of September, 1847, he contracted with the defendant, to purchase of him all the new milk cheese which he then had on hand, and all that he should make between that time and the first day of October, 1847, at seven cents per pound, to be delivered at the wharf at St. Albans Bay on the fifteenth day of October, 1847, and that he advanced to the defendant fifty dollars on account of said contract, but that the defendant had never delivered the cheese; and the plaintiff claimed to recover the amount so'advanced by…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
This was an action of assumpsit, counting upon a contract for the sale and delivery of the defendant’s cheese. The declaration also contained a count for money had and received. The issue was tried by the court, and, upon the facts found, the county court rendered judgment for the defendant, and the question presented for consideration is, are the facts reported sufficient to sustain the judgment of the court below l
The contract, upon which the plaintiff seeks' to recover, is entire and indivisible, and the delivery of the cheese by the…
2Cases cited3 opinions
- Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
- Jennings v. CampNew York Supreme Court · 1816
- St. Albans Steam Boat Co. v. WilkinsSupreme Court of Vermont · 1836
3Cited by6 opinions
- Clifton v. WillsonMontana Supreme Court · 1913
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
- Clark v. Continental Improvement Co.Indiana Supreme Court · 1877
- Phelps v. HubbardSupreme Court of Vermont · 1879
- Boss v. HamiltonSupreme Court of Vermont · 1921
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