Blood v. Enos
Supreme Court of Vermont
Assumpsit, in two counts. In the first count, the plaintiff alleged, in substance, that on the 15th day of November, 1835, in consideration that the defendant had then and there sold and delivered to the plaintiff, a yoke of steers for the sum of forty dollars, in part payment of the performance, by the plaintiff, on his part to be performed, of the following contract, viz., the plaintiff then and there undertook and promised the defendant to clear for the defendant a parcel…
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Assumpsit, in two counts. In the first count, the plaintiff alleged, in substance, that on the 15th day of November, 1835, in consideration that the defendant had then and there sold and delivered to the plaintiff, a yoke of steers for the sum of forty dollars, in part payment of the performance, by the plaintiff, on his part to be performed, of the following contract, viz., the plaintiff then and there undertook and promised the defendant to clear for the defendant a parcel of land belonging to the defendant, estimated to contain about seven acres, by the first of November, 1836, for the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
— The defendant complains of certain parts of the charge of the county court.
1. The jury were told they might give a verdict for the plaintiff, on the ground that he was released or exonerated from further proceeding in the work, by the mutual agreement of the defendant and Harrison Blood. Of the propriety of this part of the charge there can be no doubt. It is always competent for the parties to rescind a subsisting simple contract by a naked agreement to that effect. Whether this was the intention of the parties, is to be determined by…
2Cited by8 opinions
- Boyington v. SweeneyWisconsin Supreme Court · 1890
- Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
- Schwasnick v. BlandinCourt of Appeals for the Second Circuit · 1933
- Davenport v. CrowellSupreme Court of Vermont · 1907
- Bohart v. Republic Investment Co.Supreme Court of Kansas · 1892
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