Eureka Marble Co. v. Windsor Manufacturing Co.
Supreme Court of Vermont
Appeal from the court of chancery. The bill alleged that the said Wyman Flint, J. G. Flint, W. H. Johnson, George H. Babbitt, John C. Barnes, acting as the agent of the said William F. Barnes, deceased, and S. O. Dearborn, W. L. Van Alstyne, and Lyman Bennett, in November, 1867, had agreed together to purchase a marble quarry in Rutland, and to organize themselves into a corporation for the purpose of working the same; that in said month, the orators, with the exception of…
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Appeal from the court of chancery. The bill alleged that the said Wyman Flint, J. G. Flint, W. H. Johnson, George H. Babbitt, John C. Barnes, acting as the agent of the said William F. Barnes, deceased, and S. O. Dearborn, W. L. Van Alstyne, and Lyman Bennett, in November, 1867, had agreed together to purchase a marble quarry in Rutland, and to organize themselves into a corporation for the purpose of working the same; that in said month, the orators, with the exception of the Eureka Marble Company, had become the owners of a marble quarry in Rutland, which was to be assigned to a corporation…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
Certain persons, becoming owners of a marble quarry in Rutland, proposed to form themselves into a corporation under the statute, to work the quarry. Before any corporation was formed, on the 9th December, 1867, three of such owners contracted with the Windsor Manufacturing Company to purchase a stone channeling machine, at the agreed price of $6000. In this contract, said company agrees “ to defend the patent-right, in case any litigation is commenced, and to save them harmless from loss, in case any damages are sustained by means of…
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