Pierce v. Mitchell
Supreme Court of Vermont
Case for deceit in the exchange of automobiles, Windham County, September Term, 1913. Miles, J., presiding. Pleas, the general issue and a special plea in bar relying on a former judgment. Replication, similiter and a special plea relying on the claim that the former judgment was in respect of a different cause of action, though growing out of the same transaction. Heard on the defendant’s several motions for judgment upon defendant’s, second plea, and upon the pleadings.
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Case for deceit in the exchange of automobiles, Windham County, September Term, 1913. Miles, J., presiding. Pleas, the general issue and a special plea in bar relying on a former judgment. Replication, similiter and a special plea relying on the claim that the former judgment was in respect of a different cause of action, though growing out of the same transaction. Heard on the defendant’s several motions for judgment upon defendant’s, second plea, and upon the pleadings. Both motions overruled. The defendant excepted. Cause passed to the Supreme Court before trial on the merits. The opinion…
1Opinion of the CourtTaylor, J.
This is an action of assumpsit for damages in an exchange of automobiles. The defendant pleaded the general issue and also a former judgment in bar. In reply to the plea in bar the plaintiff alleged in substance that the cause of action on which the defendant obtained judgment was, as set forth in the plea, an action of trespass on the case for deceit, “that the cause of action now pending * * * is one of special assumpsit on contract and while growing out of the same transaction * * although the said representations and promises were not so made as to amount to deceit, they are sufficient to…
2Cases cited6 opinions
- Illinois Central Railroad Company, Appt. v. Wirt AdamsSupreme Court of the United States · 1901
- Mills v. HartSupreme Court of Colorado · 1898
- Slack v. BraggSupreme Court of Vermont · 1910
- Hart v. ScottIndiana Supreme Court · 1907
- Holbrook v. J. J. Quinlan & Co.Supreme Court of Vermont · 1911
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3Cited by5 opinions
- State v. StacySupreme Court of Vermont · 1932
- County of Ada v. Boise Commercial ClubIdaho Supreme Court · 1911
- Washburn v. PeckMichigan Supreme Court · 1929
- Coates v. Eastern States Farmers ExchangeSupreme Court of Vermont · 1925
- Hall v. DorseySupreme Court of Vermont · 1928