Legal Opinion
Welch v. Bradley
Supreme Court of Vermont
Decided August 15, 1868PublishedCited by 2 opinions
Assumpsit to recover for non-delivery of lumber. Plea, the general issue. Trial by jury, June term, 1868, Steele, J., presiding. Verdict for the defendant. Exceptions by the plaintiff to the instructions of the court to the jury. The action was founded upon a contract in writing, which, with all the other facts stated in the bill of exceptions, is set forth in full in the opinion of the court.
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
The plaintiff brings this action to recover damages of the defendant for the non-performance of a contract for the delivery of a certain quantity of lumber. The contract relied upon is in these words:
“ Received of O. H. Welch ten dollars as an advance. payment toward 75000 feet of spruce lumber which I agree to get for said Welch; 20000 to be delivered at St. Johnsbury Plain on or before the 1st of September next, and the balance of 55000 to be delivered at St. Johnsbury Plain in the winter of 1866. All to be $8.25 per 1000, and to be paid for…
2Cases cited2 opinions
- Russell v. OrmsbeeSupreme Court of Vermont · 1838
- Adm'r of Peck v. HubbardSupreme Court of Vermont · 1839
3Cited by2 opinions
- Ambrosini v. N. Pelaggi & Co.Supreme Court of Vermont · 1920
- Cushman v. SomersSupreme Court of Vermont · 1888