Estes v. Whipple
Supreme Court of Vermont
This was an action of covenant broken, wherein the plaintiff declared, as follows ; — “ For that whereas, by certain articles of agreement, made the 3d day of August, 1837, between Truman Estes, Heman Whipple and Brownson Harmon, all of Bennington, which agreement, under seal of the said Truman Estes, Brownson Harmon and Heman Whipple, the plaintiff now brings here into court,.the date whereof is the day and year aforesaid, which is in the words and figures following, to…
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This was an action of covenant broken, wherein the plaintiff declared, as follows ; — “ For that whereas, by certain articles of agreement, made the 3d day of August, 1837, between Truman Estes, Heman Whipple and Brownson Harmon, all of Bennington, which agreement, under seal of the said Truman Estes, Brownson Harmon and Heman Whipple, the plaintiff now brings here into court,.the date whereof is the day and year aforesaid, which is in the words and figures following, to wit, £ that the said Truman Estes being £ the owner and occupier of a certain stone building, built by ‘ him for a factory,…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
— This declaration in covenant, is, in substance, to this amount; that the plaintiff and defendants en*376tered into an agreement, under seal, “ which is.in the words following, to wit,” and then sets out the writing, wherein the plaintiff lets to the plaintiff and defendants, certain premises for a rent of $600 per annum, to be paid by the co-partners, jointly, of which co-partnership, the plaintiff and defendants are the members, who are to carry on manufacturing business, and share equally in the loss and gain. The declaration says, that all…
2Cited by7 opinions
- Roberts, Willis & Taylor Co. v. Sun Mutual InsuranceCourt of Appeals of Texas · 1896
- Cooledge v. Continental Ins.Supreme Court of Vermont · 1894
- Bailey v. CrowellNew York Court of Common Pleas · 1895
- Newman v. TichenorAppellate Court of Illinois · 1900
- Saxe v. City of BurlingtonSupreme Court of Vermont · 1898
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