Douglass & Varnum v. Village of Morrisville
Supreme Court of Vermont
Assumpsit for labor done and materials furnished in the construction of a concrete dam with its appurtenant steel pen-stock. Plea, the general issue with notice. Trial by jury at the June Term, 1911, Lamoille County, Miles, J., presiding.’ Verdict and judgment for the plaintiffs. Defendant excepted. The opinion’ fully states the case. The diagrams referred to in the opinion are shown on the following page.
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Assumpsit for labor done and materials furnished in the construction of a concrete dam with its appurtenant steel pen-stock. Plea, the general issue with notice. Trial by jury at the June Term, 1911, Lamoille County, Miles, J., presiding.’ Verdict and judgment for the plaintiffs. Defendant excepted. The opinion’ fully states the case. The diagrams referred to in the opinion are shown on the following page. Plaintiffs were obligated by the written contract of July 2, 1906, and the specifications and plans thereunder, to furnish and do all that they did in excavating and filling the “pocket,”…
1Opinion of the CourtWatson, J.
The case was tried on the second, third, and fourth counts of the amended declaration, being two special counts and the general count in assumpsit. These counts were held sufficient (on demurrer) when the case was here before. 84 Vt. 312, 79 Atl. 391. Plea, general issue, and notice (1) of payment, and (2) that the excavation and filling of the fissure mentioned in the declaration, and all ‘the work, and material therein contained and made, were in fulfillment of the written *409contract between the plaintiffs and the defendant, dated July 2, 1906, and the plans and specifications therein…
2Cases cited77 opinions
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- District of Columbia v. GallaherSupreme Court of the United States · 1888
- Bartlett v. StanchfieldMassachusetts Supreme Judicial Court · 1889
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
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3Cited by13 opinions
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- Paska v. SaundersSupreme Court of Vermont · 1931
- Niles v. DanforthSupreme Court of Vermont · 1923
- Oklahoma City v. DerrSupreme Court of Oklahoma · 1925
- Vermont Kaolin Corp. v. LyonsSupreme Court of Vermont · 1928
8 more not listed; retrieve them via the Exa API.