Bruce v. Hastings
Supreme Court of Vermont
Assumpsit. Pica, tbe general issue. Trial by jury, June term, 1867, Steele, J., presiding. On trial it appeared that the plaintiff’s claim was for one half the profits which accrued from the purchase and sale of a farm, stock and produce.
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Assumpsit. Pica, tbe general issue. Trial by jury, June term, 1867, Steele, J., presiding. On trial it appeared that the plaintiff’s claim was for one half the profits which accrued from the purchase and sale of a farm, stock and produce. The plaintiff testified that the defendant had obtained the refusal of the farm, stock and produce of one Nelson, at a price named, and proposed to him, the plaintiff, to complete the trade, if the plaintiff would enter into the speculation with him; that their plan of operations was, to buy the property, and then sell the real estate in parcels and the…
1Opinion of the Court
The opinion of the court was delivered by
WilsoN, J.
This is an action of assumpsit to recover one half the profits which accrued from the purchase and sale of a farm, stock and produce. The defendant insists, first, that the action involves the settlement of partnership transactions, and should be account instead of assumpsit; second, that the contract is within the statute of frauds; and third, that the contract is without consideration. The first question is, whether the action of assumpsit will lie upon the agreement under which the plaintiff claims to recover. As a general rule, the action…
2Cited by15 opinions
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- Sonnesyn v. HawbakerSupreme Court of Minnesota · 1914
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