Kelly & Bragg v. Town of Bradford
Supreme Court of Vermont
Book Account. The auditors reported that the plaintiff’s claim amounted to one thousand four hundred and seventy-two dollars, and was for constructing a road and bridge for the defendants under a written contract between the parties which specified in detail the length, width and mode of construction, both of the road and bridge, and also required that the whole work should be done in a thorough, workmanlike manner, and be completed to the satisfaction and acceptance of the…
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Book Account. The auditors reported that the plaintiff’s claim amounted to one thousand four hundred and seventy-two dollars, and was for constructing a road and bridge for the defendants under a written contract between the parties which specified in detail the length, width and mode of construction, both of the road and bridge, and also required that the whole work should be done in a thorough, workmanlike manner, and be completed to the satisfaction and acceptance of the defendant’s selectmen, by the first of July, 1856, at which time in consideration of such completion of the work, the…
1Opinion of the CourtAims, J.
The doctrine is firmly established in this State? that where a contract has been substantially though not strictly performed — where the party failing to perform according to the terms of his contract has not been guilty of a voluntary abandonment or willful departure from the contract, has acted in good faith, intending to perform the contract according to its stipulations, but has failed in a strict compliance with its provisions, and where from the nature of the contract and of the labor performed, the parties cannot rescind, and stand in statu quo, but one of them must derive some benefit…
2Cases cited8 opinions
- Kettle v. HarveySupreme Court of Vermont · 1849
- Barker v. Troy & Rutland RailroadSupreme Court of Vermont · 1855
- Hubbard v. BeldenSupreme Court of Vermont · 1855
- Gilman v. HallSupreme Court of Vermont · 1839
- Morrison v. CummingsSupreme Court of Vermont · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Perry v. QuackenbushCalifornia Supreme Court · 1894
- Pinches v. Swedish Evangelical Lutheran ChurchSupreme Court of Connecticut · 1887
- VERMONT STRUCTURAL STEEL CORPORATION v. BrickmanSupreme Court of Vermont · 1967
- Schwasnick v. BlandinCourt of Appeals for the Second Circuit · 1933
- Shouse v. NeiswaangerMissouri Court of Appeals · 1885
5 more not listed; retrieve them via the Exa API.