Harrington v. Lee
Supreme Court of Vermont
Assumpsit on a promissory note made by the defendant and payable to the plaintiff. Plea, the general issue, and trial by jury at the December Term, 1859, — Poland, J., presiding. The plaintiff introduced his note in evidence and rested his case.
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Assumpsit on a promissory note made by the defendant and payable to the plaintiff. Plea, the general issue, and trial by jury at the December Term, 1859, — Poland, J., presiding. The plaintiff introduced his note in evidence and rested his case. The defendant then gave evidence tending to show, in substance, that the note in question was given on the purchase of a printing establishment from the plaintiff; that the agreement between them on the purchase was that the defendant should have the property at twenty per cent, off the cost; that the plaintiff said to him that he might look over the…
1Opinion of the CourtBarrett, J.
The note in suit was given by the defendant upon the purchase of a printing establishment at an agreed price.
It is claimed in defence, that, by the terms of the trade, the defendant was to have the property for its costs, twenty per cent, off; that the plaintiff represented that, upon those terms, the price would amount to more than eight hundred dollars, (that sum being the price agreed upon, and for which the note was given ;) that in fact the property cost much less than the plaintiff represented ; and that the defendant is entitled to show the true cost of the property, and have a…
2Cases cited1 opinion
- Walker v. Smith, Robinson & Co.Supreme Court of Vermont · 1830
3Cited by2 opinions
- Giddings v. Giddings's AdministratorSupreme Court of Vermont · 1878
- Hoyt v. McNallySupreme Court of Vermont · 1893