Preston v. Whitcomb
Supreme Court of Vermont
This was an action of assumpsit, founded upon the following submission and award: “ Whereas, divers difficulties and disagreements have arisen “ between us, in relation to a quantity of hay, and relative to a “ certain piece of land, part of the old Cox Farm, in Richmond, “ and divers suits have been commenced; and are now pending, “ relative to said hay ; therefore, to end all which difficulties “ and disagreements, together with the said suits, we hereby “ agree to submit…
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This was an action of assumpsit, founded upon the following submission and award: “ Whereas, divers difficulties and disagreements have arisen “ between us, in relation to a quantity of hay, and relative to a “ certain piece of land, part of the old Cox Farm, in Richmond, “ and divers suits have been commenced; and are now pending, “ relative to said hay ; therefore, to end all which difficulties “ and disagreements, together with the said suits, we hereby “ agree to submit the same, and all matters of difficulties, ac- “ tions and causes of actions, to the arbitrament and deter- “ mination…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The first question, presented for our consideration, is as to the materiality of ihe facts offered to be proved by the defendant in the court below, and by the court excluded. .
The propriety of the decision below must depend upon what we consider the sound and legal construction of the award. The arbitrators, among other things, award, “ that the said Erastus. shall make and well execute a good, authentic deed of conveyance of all the lands that the said Erastus then held by deed of conveyance from Samuel Martin, being *51& part of the old Cox…
2Cases cited1 opinion
- Aiken v. SanfordMassachusetts Supreme Judicial Court · 1809
3Cited by5 opinions
- Groat v. PrachtSupreme Court of Kansas · 1884
- Preston v. WhitcombSupreme Court of Vermont · 1845
- Joslyn v. TaylorSupreme Court of Vermont · 1860
- Rice v. LoomisIndiana Supreme Court · 1867
- Wilder v. St. Johnsbury & Lake Champlain Rd.Supreme Court of Vermont · 1891