Vanderwerker v. Vermont Central Railroad
Supreme Court of Vermont
Contract. Book Account. The first item in the plaintiff’s account was a charge under date of September, 1847, for “ extra work for bridge abutment, Sec. 4, on Burlington point, rock excavation, $139.50,” in reference to which, the auditor reported the following facts :— Two contracts in writing were entered into between the defendants and Sewell F. Belknap for the construction of the defendant’s road, one dated in November, 1845, and the other in November, 1846, copies of…
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Contract. Book Account. The first item in the plaintiff’s account was a charge under date of September, 1847, for “ extra work for bridge abutment, Sec. 4, on Burlington point, rock excavation, $139.50,” in reference to which, the auditor reported the following facts :— Two contracts in writing were entered into between the defendants and Sewell F. Belknap for the construction of the defendant’s road, one dated in November, 1845, and the other in November, 1846, copies of which were annexed to his report. On the 25th of August, 1846, the plaintiffs, with one James Vanderwerker, since…
1Opinion of the Court
The opinion of the court was delivered at the circuit session, in September, 1855, by
Redfield, Ch. J.
This is an action of book account to recover for work and materials expended in the construction of the defendants’ road.
The plaintiffs’ contract for doing the work was in writing, and with Belknap exclusively. They claim to recover of defendants on the ground that they did the work charged, beyond and aside of their contract with Belknap, by direction of defendants’ engineers.
The first item is for extra rock excavation for bridge abutment, $139.50. The auditor reports, “ No contract was made…
2Cases cited1 opinion
- Thayer v. Vermont Central RailroadSupreme Court of Vermont · 1852
3Cited by3 opinions
- Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
- J. G. Wagner Co. v. CawkerWisconsin Supreme Court · 1902
- McNulty v. Keyser Office Building Co.Court of Appeals of Maryland · 1910