Spear v. Stacy
Supreme Court of Vermont
Debt on bond. Plea non est factum, and special pleas. The facts in the case, are as follows: The plaintiff purchased of one Josephs, water lots, Nos. 55, 56 and apart of lot No. 57, in Burlington,, and agreed to pay for them by building a certain house on lot No. 33. Stacy, the defendant, purchased the house lots of the plaintiff, and gave the plaintiff his bond to fulfill plaintiff’s contract to Josephs, and to save the plaintiff harmless from all liability on said…
Read the full summary
Debt on bond. Plea non est factum, and special pleas. The facts in the case, are as follows: The plaintiff purchased of one Josephs, water lots, Nos. 55, 56 and apart of lot No. 57, in Burlington,, and agreed to pay for them by building a certain house on lot No. 33. Stacy, the defendant, purchased the house lots of the plaintiff, and gave the plaintiff his bond to fulfill plaintiff’s contract to Josephs, and to save the plaintiff harmless from all liability on said contract, &c. The case was referred under a rule of court to a referee, who reported substantially the following facts: That the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This case having been referred under a general rule of reference, no questions of law are before us, except such as are saved by the referee. The referee finds that there had been a breach of the condition of the bond when the suit was brought, and that Spear was subjected to damages by being compelled to furnish window blinds, and also to get them hung, at an expense of some seventy dollars ; but this expense accrued after the suit was commenced. We think these expenses should be in-eluded in the assessment of damages, and this is the only…
2Cited by5 opinions
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- Kerr & Elliott v. Green Mountain Mutual Fire InsuranceSupreme Court of Vermont · 1941
- Brooks v. BrooksSupreme Court of Vermont · 1973
- Brandrup v. Empire State Surety Co.Supreme Court of Minnesota · 1910
- Minor v. WoodwardMissouri Court of Appeals · 1914