Kitson Machine Co. v. Holden
Supreme Court of Vermont
RepeEvin for certain machinery which the plaintiff was installing under a contract of sale, in the mill of the defendant’s intestate at the time of his decease, and which the defendant claimed as part of the assets of his estate. Plea, the general issue. Trial by jury at the December Term, 1899, Bennington County, Stand, J., presiding. At the close of the evidence, the defendant moved for a verdict and an order for the return of the property.
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RepeEvin for certain machinery which the plaintiff was installing under a contract of sale, in the mill of the defendant’s intestate at the time of his decease, and which the defendant claimed as part of the assets of his estate. Plea, the general issue. Trial by jury at the December Term, 1899, Bennington County, Stand, J., presiding. At the close of the evidence, the defendant moved for a verdict and an order for the return of the property. The court held that under the contract of sale, payment was to be made on delivery and before title passed, and that there was no> evidence tending to…
1Opinion of the CourtRowell, J.
This case was heard with the lames Smith Woolen Co. case against the same defendant, 73 Vt. 396, 51 Atl. 2.
The evidence, other than the documentary, though referred to, is not furnished. The fair import of the correspondence between the plaintiff and the defendant’s intestate, by which the contract is to be ascertained, is, that the plaintiff, a manufacturer of textile machinery at Lowell, Mass., was to furnish the machines in question for so1 much, delivered free on board at Bennington whenever the intestate desired, and set them up and put them in running order in the intestate’s mill there…
2Cases cited2 opinions
- Ward v. ShawNew York Supreme Court · 1831
- James Smith Woolen Machine Co. v. HoldenSupreme Court of Vermont · 1901
3Cited by13 opinions
- Hambleton v. Aja Granite Co.Supreme Court of Vermont · 1921
- Miles v. Vermont Fruit Co.Supreme Court of Vermont · 1924
- William Feinstein Bros., Inc. v. LZ Hotte Granite Co.Supreme Court of Vermont · 1962
- Mears v. DanielsSupreme Court of Vermont · 1911
- Wesco Supply Co. v. Incorporated Town of AllertonSupreme Court of Iowa · 1912
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