Cutler v. Smith & Robbins
Supreme Court of Vermont
The case was referred to a referee, who reported in substance as follows: The plaintiff was the owner of certain premises used as a store and bakery, which he, on the 22d day of June, 1864, leased to Henry R. Horton and Peter Munkel for the term of five years. When the building was thus leased, certain machinery used therein in connection with the bakery, was run by a small steam engine, and the water used for generating steam was conducted to the building by an aqueduct.
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The case was referred to a referee, who reported in substance as follows: The plaintiff was the owner of certain premises used as a store and bakery, which he, on the 22d day of June, 1864, leased to Henry R. Horton and Peter Munkel for the term of five years. When the building was thus leased, certain machinery used therein in connection with the bakery, was run by a small steam engine, and the water used for generating steam was conducted to the building by an aqueduct. On the first day of April, 1865, the defendant Smith and said Horton purchased the interest of Munkel, and carried on the…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
By the written contract between the plaintiff and defendants, of December 27, 1866, the defendants, among .other things, agreed to take to pieces the plaintiff’s engine, then in the building leased by plaintiff to the defendants, and clean the same, and at the expiration of the lease put it together again and leave it in good running order, ordinary wear excepted. The referee having found that the defendants performed the other stipulations in that contract on their part, the question presented is whether, upon the facts found by the referee,…
2Cited by2 opinions
- Welch v. MillerSupreme Court of Vermont · 1897
- Davis v. FarwellSupreme Court of Vermont · 1907