Bean v. Bunker
Supreme Court of Vermont
Assumpsit. Pleas, the general issue, payment and offset. Trial by jury at the April term, 1895, Franklin county, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The case appears in the opinion. Plaintiff waived the right to insist upon payment for drawing according to the terms of contract, and cannot now allege this as an excuse for not performing upon his own part. Coke Lit. 211b; Taylor v. Gallu-p, 8 Vt. 340. The contract was entire.
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Assumpsit. Pleas, the general issue, payment and offset. Trial by jury at the April term, 1895, Franklin county, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The case appears in the opinion. Plaintiff waived the right to insist upon payment for drawing according to the terms of contract, and cannot now allege this as an excuse for not performing upon his own part. Coke Lit. 211b; Taylor v. Gallu-p, 8 Vt. 340. The contract was entire. The plaintiff had not fulfilled upon his own part and cannot recover. Keenan v. Brown, 21 Vt. 86; Kettle v. Harvey, 21…
1Opinion of the CourtStart, J.
By the terms of the written contract, relied upon by both parties in the court below, the plaintiff was tO' cut, skid and deliver at the defendant’s mill six hundred thousand feet, or more, of logs. Acting under this contract, the plaintiff cut and skidded eight hundred and thirteen thousand feet, and drew six hundred and forty thousand feet, and then abandoned the contract, leaving of the logs so cut and skidded one hundred and seventy-three thousand *74feet undrawn. The defendant did not pay for the drawing as required by the terms of the contract. The court intructed the jury, that, if the…
2Cases cited10 opinions
- Stephenson v. CadyMassachusetts Supreme Judicial Court · 1875
- Tripp v. Vermont Life InsuranceSupreme Court of Vermont · 1882
- Fletcher v. ColeSupreme Court of Vermont · 1850
- Battell v. MatotSupreme Court of Vermont · 1885
- Walsh's Adm'x v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1882
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3Cited by2 opinions
- Bare v. Victoria Coal & Coke Co.West Virginia Supreme Court · 1914
- Conway v. FitzgeraldSupreme Court of Vermont · 1897