Damon v. Hinckley Fibre Co.
Supreme Court of Vermont
Action op Contract on a written contract under which plaintiff was to cut and deliver certain pulpwood. Plea, the general issue. Trial by jury at the October Term, 1922, Essex County, Willcox, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case.
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Action op Contract on a written contract under which plaintiff was to cut and deliver certain pulpwood. Plea, the general issue. Trial by jury at the October Term, 1922, Essex County, Willcox, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. Declarations of an alleged agent made to a third person, in the absence of the alleged principal, which were not brought to his knowledge or ratified by him, and not supported by other evidence, are not competent against the alleged principal to prove the fact of agency or the scope thereof.…
1Opinion of the CourtPowers, J.
This is an action of contract wherein the plaintiff claims a balance due on account and damages for the breach of a contract under which he was to cut and deliver a certain quantity of pulpwood from the defendant’s stumpage site. The contract was in writing and contained a provision, known to the plaintiff, that it was “subject to approval of an executive officer of the Hinckley Fibre Company, at its office in Hinckley, N. Y., and shall not be binding on said company until so approved.” It was made on a blank form furnished by the defendant to A. J. Applebee, its sole resident manager. At its…
2Cases cited1 opinion
- Chase v. RobinsonSupreme Court of Vermont · 1912
3Cited by5 opinions
- Vermont Shade Roller Co. v. Burlington Traction Co.Supreme Court of Vermont · 1930
- Wilder v. Hinckley Fibre Co.Supreme Court of Vermont · 1923
- John A. Westlund, Inc. v. O'Bryan Construction Co.Supreme Court of Vermont · 1963
- Blitz v. BreenSupreme Court of Vermont · 1974
- John A. Westlund, Inc. v. O'Bryan Construction Co.Supreme Court of Vermont · 1963