Legal Opinion

Cleveland v. I. L. Pearl & Co.

Supreme Court of Vermont

Decided October 15, 1890PublishedCited by 2 opinions

Tliis was an action in general assumpsit for the price of certain wool. Plea, the general issue with notice of special matter. Trial by jury at the February term; 1890, Orleans county, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff resides at Coventry and the defendants do business and reside at -Johnson, Vt. On June 16, 1888, the defendants purchased the plaintiff’s wool, which was then at his residence in Coventry.

Read the full summary

Tliis was an action in general assumpsit for the price of certain wool. Plea, the general issue with notice of special matter. Trial by jury at the February term; 1890, Orleans county, Tyler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff resides at Coventry and the defendants do business and reside at -Johnson, Vt. On June 16, 1888, the defendants purchased the plaintiff’s wool, which was then at his residence in Coventry. By the terms of the sale it was agreed that the plaintiff should deliver the wool at the store of one Geo. R. Hoyt, in…

1Opinion of the Court

The opinion of the court was. delivered by

ROWELL, J.

It not having been found how it was in fact, this was in law a sale for cash o_n delivery. And it is manifest that the parties so understood it; for the defendants put Hoyt in funds wherewith to pay on delivery, and the plaintiff called for payment in money when he delivered. And when ha found that he could not get cash in full according to his right,, he had au option not to deliver at all. But he chose to deliver' notwithstanding, and to take Hoyt’s check, payable to himself,, for the unpaid balance, in the giving of which, Hoyt was not…

2Cases cited2 opinions

  1. White v. LangdonSupreme Court of Vermont · 1858
  2. Sprague v. TrainSupreme Court of Vermont · 1861

3Cited by2 opinions

  1. Northeastern Nash Auto. Co., Inc. v. BartlettSupreme Court of Vermont · 1927
  2. Burlington Paper Stock Co. v. DiamondSupreme Court of Vermont · 1914

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API