Parker v. McKannon Bros. & Co.
Supreme Court of Vermont
Special Assumpsit upon a written contract. Plea, the general issue, with notice of special matter. Said notice has not been furnished the reporter. Trial by jury at the M'arch Term-, 1903, Chittenden County, Start, J., presiding. General and special verdicts for plaintiff. Defendants’' motion to set aside verdicts overruled. Judgment pro forma on verdicts. The defendant excepted.
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Special Assumpsit upon a written contract. Plea, the general issue, with notice of special matter. Said notice has not been furnished the reporter. Trial by jury at the M'arch Term-, 1903, Chittenden County, Start, J., presiding. General and special verdicts for plaintiff. Defendants’' motion to set aside verdicts overruled. Judgment pro forma on verdicts. The defendant excepted. The contract declared upon was executed by both plaintiff and defendants, was dated October 30, 1899, and provided, among other things, that the plaintiff should make and furnish to the defendants, exclusively, at…
1Opinion of the CourtWatson, J.
The contract between the plaintiff and the defendants was dated October 30, 1899, and was for a term of five years.
The verdict has established that in June, 1900, the defendants refused to take any more instruments made by the plaintiff under his patent, though the plaintiff was ready to deliver and in fact tendered more to them./ This was such a breach of the contract by the defendants as gave the plaintiff the right to treat the contract as absolutely and finally broken. The plaintiff elected so to treat it and brought this action for damages.
That upon such a breach of a contract damages…
2Cases cited8 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
- Cutter v. GilletteMassachusetts Supreme Judicial Court · 1895
- Remelee v. HallSupreme Court of Vermont · 1859
- Town of Royalton v. Royalton & Woodstock Turnpike Co.Supreme Court of Vermont · 1842
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
- St. Albans Granite Co. v. Elwell & Co.Supreme Court of Vermont · 1915
- Auer & Twitchell v. Robertson Paper Co.Supreme Court of Vermont · 1920
- Hogan & Hogan v. SullivanSupreme Court of Vermont · 1906
- Walston v. AllenSupreme Court of Vermont · 1909
1 more not listed; retrieve them via the Exa API.