Town of Royalton v. Royalton & Woodstock Turnpike Co.
Supreme Court of Vermont
Assumpsit in two special counts, to which were added the common counts. Plea, non assumpsit, and trial by jury. The first count was, in substance, as follows:— In a plea of the case for that, on the ninth day of September, 1830, at Royalton, in the county of Windsor, there was a bridge across White river, near the village of Royalton, to accommodate travellers, &c., which had before been erected and supported by said town of Royalton as a part of the public highway leading…
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Assumpsit in two special counts, to which were added the common counts. Plea, non assumpsit, and trial by jury. The first count was, in substance, as follows:— In a plea of the case for that, on the ninth day of September, 1830, at Royalton, in the county of Windsor, there was a bridge across White river, near the village of Royalton, to accommodate travellers, &c., which had before been erected and supported by said town of Royalton as a part of the public highway leading from said village to Pomfret, in said county, which bridge said town of Royalton were bound to keep in repair; that, on…
1Opinion of the Court
*321The opinion of the court was delivered by
Redeield, J.
In regard to the question of variance, it has been urged that it is unimportant, as, at all events, the general counts, which are found in the declaration, are suffi- • . .. ’ mi * ’ , cient to justify the recovery. 1 hat is true, when the terms of the special contract have been performed by both parties, so that nothing more remains to be done but the simple duty of paying for money, or labor, or goods, &c. But that is not this case. Here the claim, on the part of the plaintiffs, is founded expressly upon the non-performance of the special…
2Cited by20 opinions
- Hale v. TroutCalifornia Supreme Court · 1868
- Warner v. HitchinsNew York Supreme Court · 1849
- Grievance of John GorrusoSupreme Court of Vermont · 1988
- Schleider v. DielmanSupreme Court of Louisiana · 1892
- Shaffer v. LeeNew York Supreme Court · 1850
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