Smith v. Smith
Supreme Court of Vermont
This was an action of general assumpsit, commenced on the 2d day of August, 1871. The case was referred, and the referee reported the following facts : The defendant invested from ten to twelve thousand dollars in timber lauds, and in the erection of a house, barn, mills and machinery thereon, about two miles and a half from the county road, down the Deerfield River, in Stratton, relying upon the assurances of leading men of the town that a public highway should be laid…
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This was an action of general assumpsit, commenced on the 2d day of August, 1871. The case was referred, and the referee reported the following facts : The defendant invested from ten to twelve thousand dollars in timber lauds, and in the erection of a house, barn, mills and machinery thereon, about two miles and a half from the county road, down the Deerfield River, in Stratton, relying upon the assurances of leading men of the town that a public highway should be laid thereto. The town subsequently voted to build said highway, and on the 20th of October, 1868, the defendant contracted with…
1Opinion of the Court
The opinion of tho court was delivered by
Peck, J.
Tho objection interposed by the defendant’s counsel, that the action should have boon covenant instead of assumpsit, cannot prevail. Tho contract was not performed on the part of the plaintiff within the time specified in the sealed instrument for such performance. Whore the time for the performance of a contract on tho part of the plaintiff, specified in a sealed instrument, is enlarged by the parties by parol agreement, tho form of remedy is assumpsit, and not covenant or other action counting upon the contract as under seal. The referee…
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- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
- Lowell v. Wheeler's EstateSupreme Court of Vermont · 1921
- Lehman, Durr & Co. v. PritchettSupreme Court of Alabama · 1887
- First Congregational Meeting House Society v. Town of RochesterSupreme Court of Vermont · 1894
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