Sawyer v. McIntyre
Supreme Court of Vermont
Assumpsit. The plaintiff alleged, in his declaration, in substance, that on the 23d day of February, 1841, the defendant sold to him eight stoves, for two hundred dollars, and delivered six of the stoves, which were accepted by the plaintiff, and promised to deliver the remaining two stoves in two months from that time, and also promised, that, if the eight stoves were not sold by the plaintiff within one year, he would receive back from the plaintiff two of the stoves and…
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Assumpsit. The plaintiff alleged, in his declaration, in substance, that on the 23d day of February, 1841, the defendant sold to him eight stoves, for two hundred dollars, and delivered six of the stoves, which were accepted by the plaintiff, and promised to deliver the remaining two stoves in two months from that time, and also promised, that, if the eight stoves were not sold by the plaintiff within one year, he would receive back from the plaintiff two of the stoves and pay him the sum of fifty dollars, and interest. And the plaintiff averred, that he used due diligence to sell the stoves,…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The case does not show, that any question was raised on trial, as to the proper application of the evidence to either count in the declaration. We have therefore only to decide, whether, upon the facts admitted and proved, the plaintiff was entitled to recover ; and if so, whether the court rightly gave as damages the fifty dollars and interest.
It is insisted, that the plaintiff, by recovering in his former action for the two stoves not delivered, obtained all the satisfaction, to which the contract entitled him. But we think it clear that the…
2Cited by7 opinions
- Dayton, Watervleit Valley & Xenia Turnpike Co. v. CoyOhio Supreme Court · 1861
- Waite v. StanleySupreme Court of Vermont · 1914
- Porter v. TravisIndiana Supreme Court · 1872
- Old Colony Railroad v. EvansMassachusetts Supreme Judicial Court · 1856
- Garrard v. . DollarSupreme Court of North Carolina · 1856
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