Ellison v. Brigham
Supreme Court of Vermont
Assumpsit in a special declaration on a contract by parol entered into by the plaintiffs and defendant, by which the defendant agreed to cut down all the butternut trees fit for logs on a certain described portion of the defendant’s farm, cut the same into the logs, and also cut into logs all the butternut trees fit for logs then cut down on said land, and draw and deliver all of said logs to the plaintiffs at “Burnett’s” sawmill during the then existing period of sledding ;…
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Assumpsit in a special declaration on a contract by parol entered into by the plaintiffs and defendant, by which the defendant agreed to cut down all the butternut trees fit for logs on a certain described portion of the defendant’s farm, cut the same into the logs, and also cut into logs all the butternut trees fit for logs then cut down on said land, and draw and deliver all of said logs to the plaintiffs at “Burnett’s” sawmill during the then existing period of sledding ; and after the said logs were delivered, Burnett was to measure the same, and the plaintiffs were to pay for them on…
1Opinion of the Court
*66The opinion of the court was delivered by
Pierpoint, J.
The only question presented by the bill of exceptions is, whether the contract, upon which the plaintiff seeks to recover is within the statute of frauds.
The counsel in this case have brought to our notice most-of the English and American cases applicable to the question. Without attempting to follow the various changes in the law of the subject, as evidenced by the decisions from time to time of the English courts, and the courts in this country, it is sufficient now to say, that certain general principles applicable to the case seem to…
2Cases cited1 opinion
- Robertson v. VaughnThe Superior Court of New York City · 1850
3Cited by6 opinions
- Owens v. LewisIndiana Supreme Court · 1874
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
- Adkins v. StateSupreme Court of Georgia · 1897
- Forsyth v. Mann Bros.Supreme Court of Vermont · 1895
- Scales v. WileySupreme Court of Vermont · 1895
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