Brackett v. Morse
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor appointed, who reported the facts substantially as follows.
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Book Account. Judgment to account was rendered in the county court, and an auditor appointed, who reported the facts substantially as follows. In the spring of 1847 the defendant agreed with the plaintiff’s intestate, Cushman, for the pasturage of thirty young cattle through the grazing season of that year, in a particular pasture in Waterford belonging to Cushman, which pasture was capable of well sustaining the thirty cattle, and of which the defendant was to have the entire range. The defendant kept the thirty cattle in the pasture from the 22d of May to the 27th of June, when, in…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question in the present case is, whether, upon a contract to pasture a given number of cattle, in a particular pasture, giving them the entire range of the pasture, and then suffering the fences to remain so poor, that the neighboring cattle broke in and eat up the feed, so that it was insufficient to sustain the whole number contracted for, the defendant having pastured a portion of the number, the plaintiff is precluded from any recovery whatever. We think he is not. This is a failure in the contract, which is not wanton, and is…
2Cited by3 opinions
- Kelly & Bragg v. Town of BradfordSupreme Court of Vermont · 1860
- May v. City of GloucesterMassachusetts Supreme Judicial Court · 1899
- Swift v. HarrimanSupreme Court of Vermont · 1858