Dix v. School District No. 2
Supreme Court of Vermont
Assumpsit. The plaintiffs declared, in the first count in their declaration, that, on the second day of December, 1846, in consideration that the plaintiffs would sell and convey to the defendants a certain piece of land, describing it, whereon to erect a school house, and whereon the selectmen had located such school house, subject to certain restrictions, to wit, that the district should hold the land for the purpose of erecting a school house thereon, that said school…
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Assumpsit. The plaintiffs declared, in the first count in their declaration, that, on the second day of December, 1846, in consideration that the plaintiffs would sell and convey to the defendants a certain piece of land, describing it, whereon to erect a school house, and whereon the selectmen had located such school house, subject to certain restrictions, to wit, that the district should hold the land for the purpose of erecting a school house thereon, that said school house should be so located, that the west end thereof should be as far west as the front end of the Congregational meeting…
1Opinion of the Court
*314The opinion of the court was delivered by
Kellogg, J.
The bill of exceptions contains a statement of the facts, upon which judgment was rendered in the court below; and to that judgment several objections have been urged in this court, which are now to be considered.
1. It is said, that the plaintiffs are not entitled to recover, by reason of a variance between the contract proved and the one set forth in the declaration.
If a variance, of a substantial character, is found to exist between the contract proved and the one declared upon, it must be conceded, it would be fatal to a recovery upon the…
2Cited by4 opinions
- Hunneman & Co. v. Fire District No. 1Supreme Court of Vermont · 1864
- Jennings v. Clearwater School DistrictCalifornia Court of Appeal · 1923
- Pitkin's Admrs. v. City of MontpelierSupreme Court of Vermont · 1912
- Converse v. PorterSupreme Court of New Hampshire · 1864