Legal Opinion

Reynolds v. Hassam

Supreme Court of Vermont

Decided February 15, 1884PublishedCited by 7 opinions

Assumpsit. Plea, general issue. Trial by jury, May Term, 1882, Rowell,- J., presiding. Yerdict for the defendant. The parties made a verbal trade for the sale of some lumber; and at the same time and as a part of the same transaction the plain-tiff gave to the defendant a chattel mortgage of the lumber and other property to secure the delivery of the lumber.

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Assumpsit. Plea, general issue. Trial by jury, May Term, 1882, Rowell,- J., presiding. Yerdict for the defendant. The parties made a verbal trade for the sale of some lumber; and at the same time and as a part of the same transaction the plain-tiff gave to the defendant a chattel mortgage of the lumber and other property to secure the delivery of the lumber. Tlie defendant offered to prove by parol, that by the terms of the contract, he was not bound to receive and pay for the whole lumber.

1Opinion of the Court

The opinion of the court was delivered by

Yeazet, J.

The ruling of the County Court did not conflict with the rule that, when a contract is in part in parol-and in part in writing, the writing is conclusive as to what it contains. The mortgage was given, as expressed in the exceptions, “to *450secure the delivery of said lumber according to his contract.” Its object was not to set forth a contract, but to secure the performance of one existing in parol. Even if the mortgage was intended to correctly express the contract in part, or to be what the court below termed a “repository” of the terms of…

2Cases cited5 opinions

  1. Briggs v. GleasonSupreme Court of Vermont · 1854
  2. Burr v. PalmerSupreme Court of Vermont · 1851
  3. State v. CampSupreme Court of Vermont · 1851
  4. Stearns v. AllenSupreme Court of Vermont · 1846
  5. Lindsey v. Town of DanvilleSupreme Court of Vermont · 1872

3Cited by7 opinions

  1. Wood v. JamesSupreme Court of Vermont · 1918
  2. Osgood v. SkinnerAppellate Court of Illinois · 1904
  3. Dixon v. BlondinSupreme Court of Vermont · 1886
  4. Hadley v. BordoSupreme Court of Vermont · 1890
  5. Labbee v. JohnsonSupreme Court of Vermont · 1894

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