Davenport v. Hubbard
Supreme Court of Vermont
Assumpsit to recover damages for the breach of a certain contract by the defendant to dig a cellar and lay a cellar wall for the plaintiff, at a certain price agreed upon. Plea, the general issue, and (rial by the court, February term, 1872, Orleans county, Redeield, J., presiding.
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Assumpsit to recover damages for the breach of a certain contract by the defendant to dig a cellar and lay a cellar wall for the plaintiff, at a certain price agreed upon. Plea, the general issue, and (rial by the court, February term, 1872, Orleans county, Redeield, J., presiding. It appeared in evidence that the defendant contracted with the plaintiff to do a certain job of earth-work and stone-work in laying a cellar wall, and laying stone to receive the underpinning of a house, to be completed by a certain day limited in said contract. The court found that the defendant did not do the…
1Opinion of the Court
*204The opinion of the court was delivered by
Ross, J.
No objection was taken to the defendant’s evidence showing that subsequently to his completion of the work on the cellar, he had recovered judgment against the plaintiff for the bah anee of the contract price for doing said work, and had collected the amount of said judgment. After the evidence was thus received without objection, the plaintiff insisted that the same should not be considered, because the defendant had pleaded only the general issue, and the evidence, if it had any tendency, had the tendency to show that the plaintiff’s right of…
2Cases cited4 opinions
- Gilson v. BinghamSupreme Court of Vermont · 1871
- Town of Hartland v. HenrySupreme Court of Vermont · 1872
- Gale v. CooperSupreme Court of Vermont · 1839
- Walker v. HoisingtonSupreme Court of Vermont · 1871
3Cited by23 opinions
- Standley v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1884
- Pennsylvania R. Co. v. MillerCourt of Appeals for the Fifth Circuit · 1941
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1922
- VERMONT STRUCTURAL STEEL CORPORATION v. BrickmanSupreme Court of Vermont · 1967
- Jordahl v. BerrySupreme Court of Minnesota · 1898
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