Adams v. Smilie
Supreme Court of Vermont
[In Chancery.] Appeal from the Court of Chancery. The bill alleged, that on September 17, 1872, the orator and the defendant agreed together that defendant should deliver to orator ninety stoves on or before December 1, 1872, at such place in Waterbury, within fifty rods of defendant’s foundry, as the orator might designate, at and for the price of $84 each for forty-three thereof, and $35 each for the remainder thereof, and that the orator should accept and receive the same…
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[In Chancery.] Appeal from the Court of Chancery. The bill alleged, that on September 17, 1872, the orator and the defendant agreed together that defendant should deliver to orator ninety stoves on or before December 1, 1872, at such place in Waterbury, within fifty rods of defendant’s foundry, as the orator might designate, at and for the price of $84 each for forty-three thereof, and $35 each for the remainder thereof, and that the orator should accept and receive the same at the prices aforesaid ; that it was then and there agreed, that on delivery thereof, the orator should pay defendant…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
It is found from all the evidence that the stoves, by the actual agreement between the parties, were to be paid for in the manner alleged by the orator, and that he paid $1000 in money, and duly tendered a good and sufficient deed of the land which the defendant was to have for the residue of the price of the stoves. The written contract is, that orator “ agrees to have and receive said stoves of Smilie at the above mentioned price, and pay for the same when delivered.”
In the defendant’s suit at law, the rule of evidence would prevail that…
2Cases cited1 opinion
- Smith v. SmithSupreme Court of Vermont · 1842
3Cited by4 opinions
- Wood v. JamesSupreme Court of Vermont · 1918
- Roof, Trustee v. JerdSupreme Court of Vermont · 1929
- Redfield v. GleasonSupreme Court of Vermont · 1888
- Reynolds v. HookerSupreme Court of Vermont · 1904