Kinnear & Gager Manufacturing Co. v. Miner
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury at the September Term, 1913, "Windham County, Miles, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The opinion states the case.
1DissentPowers, C. J.
I cannot agree with my associates as to the law of this case. I do not question the general rule of evidence laid down by the majority; the trouble is, it has no application to this record. The evidence admitted did not vary the written contract, — it showed that there never ivas a contract. It showed that the paper-writing purporting to be a contract was not Such, but a writing given for a legitimate, specific purpose, which had been fully accomplished.
*329The action is between the original parties to the alleged contract, and no questions of fraud, good morals, or public policy are involved. If…
2Cases cited32 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Ware v. AllenSupreme Court of the United States · 1888
- Benton v. . MartinNew York Court of Appeals · 1873
- Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
- Grierson v. . MasonNew York Court of Appeals · 1875
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