Drouin v. Wilson
Supreme Court of Vermont
Covenant. Pleas, non est factum, witb notice, and non fregit conventionem. Trial by jury at the December Term, 1904, Caledonia County, Tyler, J., presiding. Verdict and judgment for the defendant. Tbe' exceptions merely state that the pleas were full performance and non est factumwith notice, but do not refer to the pleas, nor make them a part of the exceptions. The plaintiff excepted.
Read the full summary
Covenant. Pleas, non est factum, witb notice, and non fregit conventionem. Trial by jury at the December Term, 1904, Caledonia County, Tyler, J., presiding. Verdict and judgment for the defendant. Tbe' exceptions merely state that the pleas were full performance and non est factumwith notice, but do not refer to the pleas, nor make them a part of the exceptions. The plaintiff excepted. Plaintiff having testified in direct examination, that the building- had not heaved of settled, and that defendant never offered to repair the plate glass window, plaintiff, subject to his objection and…
1Opinion of the CourtMunson, J.
The defendant occupied the plaintiff’s building under a lease which required him to surrender the premises in as good condition as they were in when taken, "ordinary wear and damage by fire or providential causes alone excepted.” The suit is upon the covenants of this lease, and several breaches are assigned, of which the second, the only one now in contention, is the failure to replace a broken plate glass window.
The declaration alleges that the defendant did not surrender the premises at the expiration of the lease in as good condition as they were in when taken, ordinary wear and damage by…
2Cases cited9 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Bender v. FrombergerSupreme Court of the United States · 1806
- Foss v. StantonSupreme Court of Vermont · 1904
- Luce v. HassamSupreme Court of Vermont · 1904
- Hess v. NewcomerCourt of Appeals of Maryland · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- In re Bean's WillSupreme Court of Vermont · 1912
- Codman v. Hygrade Food Products Corp.Massachusetts Supreme Judicial Court · 1936
- Kaplan v. FlynnMassachusetts Supreme Judicial Court · 1926
6 more not listed; retrieve them via the Exa API.