Keyes v. Western Vt. Slate Co.
Supreme Court of Vermont
This was an action of assumpsit; plea, general issue, with special notice and set off, tried at January term, 1861, Pier-point, J , presiding.
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This was an action of assumpsit; plea, general issue, with special notice and set off, tried at January term, 1861, Pier-point, J , presiding. The plaintiff gijye in evidence a written contract, accompanied with evidence tending to show that he entered upon the premises described in the contract, and occupied for one year, (when the term was ended, pursuant to notice given, three months previously, by the defendants ;) that he performed, during said year, the stipulations of said contract on his part, and that the defendants failed to supply the derrick, and “to put the pumps in order, and to…
1Opinion of the Court
Poland, Ch. J.
The English courts formerly held that in actions to recover for services performed, or for goods sold, where there was a specific contract as to the price, the defendant could not reduce the plaintiff’s recovery below the stipulated price, by proving that the service was unskillfully or negligently performed, or that the goods sold were not of the quality represented by the seller, and were of less value than the contract price ; but that in such cases the defendant must resort to his *84cross action to recover damages of the plaintiff for his negligence, or violation of contract.
Bu…
2Cases cited1 opinion
- Hubbard v. FisherSupreme Court of Vermont · 1853
3Cited by14 opinions
- Miller v. SullivanSupreme Court of Kansas · 1908
- Rutland Sash & Door Co. v. GleasonSupreme Court of Vermont · 1924
- Gregory v. TomlinsonSupreme Court of Vermont · 1896
- Parker v. MeadowsTennessee Supreme Court · 1887
- Vaillancourt v. GoverSupreme Court of Vermont · 1941
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