Taplin v. Marcy
Supreme Court of Vermont
General Assumpsit in tbe common money counts for logs and lumber sold and delivered. Pleas, the general issue with notice, and payment. Trial by jury at the March Term, 1906, Orleans County, Watson, J., presiding. Only special verdicts; judgment thereon for the plaintiffs. The defendant excepted. At the close of all the evidence the defendant movéd for a directed verdict in his favor on the following grounds:— “First.
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General Assumpsit in tbe common money counts for logs and lumber sold and delivered. Pleas, the general issue with notice, and payment. Trial by jury at the March Term, 1906, Orleans County, Watson, J., presiding. Only special verdicts; judgment thereon for the plaintiffs. The defendant excepted. At the close of all the evidence the defendant movéd for a directed verdict in his favor on the following grounds:— “First. The only count in plaintiffs’ declaration on which they can stand in this case is the count for goods, wares, and merchandise sold and delivered; and the uncontradicted evidence…
1Opinion of the Court
Waterman, Superior J.
This is an action of general assumpsit for logs and lumber sold and delivered. Plea, general issue with notice and payment. The notice is to the effect that a suit now pending in favor of the same plaintiffs against the same defendant is for the same cause of action.
Plaintiffs claimed that defendant purchased the logs and lumber mentioned in their specifications, through one Lang as Ms agent, duly authorized by the defendant to make such purchases. Defendant claimed that Ms relation to Lang was only that of a commission merchant, selling the product of Lang’s mill, taking…
2Cases cited11 opinions
- West v. SmithSupreme Court of the United States · 1879
- Rankin v. Fidelity Insurance, Trust & Safe Deposit Co.Supreme Court of the United States · 1903
- Thomas Roberts & Co. v. BonaparteCourt of Appeals of Maryland · 1890
- White v. Lumiere North American Co.Supreme Court of Vermont · 1906
- Marcy v. ParkerSupreme Court of Vermont · 1905
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3Cited by16 opinions
- Universal Products Co. v. EmersonSupreme Court of Delaware · 1935
- Boston & Maine Railroad v. Howard Hardware Co.Supreme Court of Vermont · 1962
- Spinney's Administratrix v. HookerSupreme Court of Vermont · 1917
- Johnson v. BardenSupreme Court of Vermont · 1912
- Jones v. Gay's Express, Inc.Supreme Court of Vermont · 1939
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