Forsyth v. Mann Bros.
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by court at the March term, 1895, Washington county, Start, J., presiding. Judgment for the plaintiffs. The defendants except. The contract was within the statute of frauds.
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Assumpsit. Plea, the general issue. Trial by court at the March term, 1895, Washington county, Start, J., presiding. Judgment for the plaintiffs. The defendants except. The contract was within the statute of frauds. Benj.' Sales, Bennett’s Ed., s. 102 -,Lee v. Griffin, 1 B. & S. 272 ; Pawelski v. Hargreaves, 47 N. J. L. 334; Cook v. Willard, 65 N. Y. 352 ; Goddard v. Binney, 115 Mass. 450 ; Gardner v. Joy, 9 Met. 177 ; Lamb v. Crafts, 12 Met. 356; Clary v. Nichols, 107 Mass. 547; Brown, St. Fr., 5th ed., s. 308; Hight v. Rijley, 19 Me. 139; Pitkin v. Noyes, 48 N. H. 294; Prescott v. Lock, 51…
1Opinion of the CourtRowell, J.
The plaintiffs carried on a wholesale granite business, and the defendants quarried and manufactured granite. The plaintiffs having agreed to furnish a monument for the state of' Minnesota, to be erected at Gettysburg, contracted with the defendants therefor at and for the price of $4,100. The court says it did not find that the defendants were to bestow their personal skill and labor upon the monument, nor that there was anything in the understanding or agreement that would have prevented them from purchasing it elsewhere in whole or in parts, instead of manufacturing it from their quarries…
2Cases cited4 opinions
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Cooke v. . MillardNew York Court of Appeals · 1875
- Cason v. Thomas Cheely & Co.Supreme Court of Georgia · 1849
- Ellison v. BrighamSupreme Court of Vermont · 1865
3Cited by10 opinions
- Berlin Development Corp. v. Vermont Structural Steel Corp.Supreme Court of Vermont · 1968
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
- Gallagher v. BairdAppellate Division of the Supreme Court of the State of New York · 1900
- New England Box Co. v. TibbettsSupreme Court of Vermont · 1920
- Morse v. Canasawacta Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1912
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