Boardman v. Keeler
Supreme Court of Vermont
Debt on bond, with general counts for work and labor. Plea, non est factum, with notice of special matter of defence, and trial by jury, March Term, 1846, — Bennett, J., presiding. ■ On trial the plaintiff gave in evidence a promissory note, executed by the intestate, Paro, dated November 11, 1839, by which Paro promised to make for the defendant, and deliver at his store, sixty pairs of coarse boots by the first day of April, 1840, — sixty pairs by the first day of October,…
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Debt on bond, with general counts for work and labor. Plea, non est factum, with notice of special matter of defence, and trial by jury, March Term, 1846, — Bennett, J., presiding. ■ On trial the plaintiff gave in evidence a promissory note, executed by the intestate, Paro, dated November 11, 1839, by which Paro promised to make for the defendant, and deliver at his store, sixty pairs of coarse boots by the first day of April, 1840, — sixty pairs by the first day of October, 1840, sixty pairs by the first day of April, 1841, and sixty pairs by the first day of October, 1841, — Paro to find…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
It must be understood, that the failure to complete the work within the time limited by the contract was occasioned by the defendant’s neglect and refusal to furnish the requisite supply of leather, after the same was called for and demanded by the assignee of the bond. We think, that no farther application for the leather was at all necessary. For the defendant’s refusal, on the last demand, to furnish more than, enough for twelve pairs of boots appears to have been wholly without excuse,, and his remark, that the *83rest of the boots could…
2Cited by5 opinions
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- Derosia v. FerlandSupreme Court of Vermont · 1910
- Plummer v. RigdonIllinois Supreme Court · 1875
- Chamberlin v. ScottSupreme Court of Vermont · 1860
- Prichard v. MartinMississippi Supreme Court · 1854