Emack v. Hughes
Supreme Court of Vermont
Special assumpsit. Plea, the general issue. Trial by-jury at the March- Term, 1901, Rutland County, Munson, J.,. presiding. Verdict and judgment thereon for the plaintiff. The defendant excepted. The defendant claimed that the non-delivery of the slate, was due to the plaintiff’s failure to furnish orders therefor.. This feature of the case was entirely excluded from the consideration of the jury by the charge.
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Special assumpsit. Plea, the general issue. Trial by-jury at the March- Term, 1901, Rutland County, Munson, J.,. presiding. Verdict and judgment thereon for the plaintiff. The defendant excepted. The defendant claimed that the non-delivery of the slate, was due to the plaintiff’s failure to furnish orders therefor.. This feature of the case was entirely excluded from the consideration of the jury by the charge. A party is entitled to a charge which submits a correct explanation of the law upon every feature of the case that he makes. Vaughn v. Porter,. 16 Vt. 266; Hazard v. Smith, 21 Vt. 123.…
1Opinion of the CourtStafford, J.
The plaintiff deals in slate in Philadelphia. The defendant manufactures the same at Granville, N. Y. The parties have dealt with each other for some time. The present action is for failing to deliver slate according to contract. In a letter of April 29, 1899, the defendant offered to supply the plaintiff, after June, not to exceed one thousand squares per month, at stated prices; and two days later the plaintiff, by letter, accepted the offer to the amount of one thousand squares per month for the six months beginning with July. Delivery was to be made on the cars at Granville. These two…
2Cases cited6 opinions
- Colby v. ReedSupreme Court of the United States · 1879
- Gould v. Banks & GouldNew York Supreme Court · 1832
- Worthen v. WilmotSupreme Court of Vermont · 1858
- Hill v. Smith & CarpenterSupreme Court of Vermont · 1859
- Humphreysville Copper Co. v. Vermont Copper Mining Co.Supreme Court of Vermont · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re Bean's WillSupreme Court of Vermont · 1912
- Blue v. Hazel-Atlas Glass Co.West Virginia Supreme Court · 1929
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
- Auer & Twitchell v. Robertson Paper Co.Supreme Court of Vermont · 1920
- Nakdimen v. BakerCourt of Appeals for the Eighth Circuit · 1940
6 more not listed; retrieve them via the Exa API.