Waite v. Stanley
Supreme Court of Vermont
General Assumpsit. Plea,' the general issue. Trial by court at the June Term, 1913, Lamoille County, Fish, J., presiding. Judgment for the plaintiff for $854.03, and costs. The defendant excepted.
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General Assumpsit. Plea,' the general issue. Trial by court at the June Term, 1913, Lamoille County, Fish, J., presiding. Judgment for the plaintiff for $854.03, and costs. The defendant excepted. One item of the plaintiff’s specifications, which was allowed and entered into the judgment, was, “To balance payment due Nov. 11, 1911, and interest due Nov. 11, 1912, $598.00.” This item was the unpaid balance of the first instalment of purchase-money stipulated to be paid in the land contract signed and sealed by the parties, which, so far as material in this case, was as follows: “Articles of…
1DissentTaylor, J.
I am unable to concur with the views expressed by the majority. A sufficient reason for dissent is to be found in the fact that the question on which the case is turned was not raised, nor even hinted at, in the court below. The ground of objection was that general assumpsit was not the appropriate remedy as to the item in controversy. The question first arose when the plaintiff offered the contract in evidence. The defendant objected upon the following grounds: “First, because the action is general assumpsit, and under the common courts this item # * * cannot be recovered, because the…
2Cases cited25 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Lewis v. HawkinsSupreme Court of the United States · 1875
- Carthage Tissue Paper Mills v. Village of CarthageNew York Court of Appeals · 1910
- Bowen v. LansingMichigan Supreme Court · 1901
- Sparks v. HessCalifornia Supreme Court · 1860
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