Hammond v. Plimpton
Supreme Court of Vermont
Trespass for a quantity of wood. The case was referred, and the referee reported the following facts: On the 17th of November, 1854, a written contract was made between Nelson Ingraham and Joseph P. Parkhurst, by which the former agreed to cut one hundred and fifty cords of wood for the latter, on a wood lot belonging to one Kidder, and to deliver a portion of it of a certain quality and size at Parkhurst’s shop, and the remainder at Joseph Ramsdell’s mill-yard, piled up in…
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Trespass for a quantity of wood. The case was referred, and the referee reported the following facts: On the 17th of November, 1854, a written contract was made between Nelson Ingraham and Joseph P. Parkhurst, by which the former agreed to cut one hundred and fifty cords of wood for the latter, on a wood lot belonging to one Kidder, and to deliver a portion of it of a certain quality and size at Parkhurst’s shop, and the remainder at Joseph Ramsdell’s mill-yard, piled up in good shape. Parkhurst agreed to pay Ingraham eight shillings per cord for cutting and drawing the wood, and it was…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This is an action of trespass for a quantity of wood. The plaintiff claims title to the wood, as derived from Joseph P. Parkhurst, by means of a sheriff’s sale upon an execution against the said Parkhurst. The defendant claims title to the same wood by means of a purchase of Nelson Ingraham.
It seems that in November, 1854, Ingraham and Parkhurst entered into an agreement for cutting and drawing a quantity of wood from the lot of one Foster Kidder. Ingraham was to cut the wood in a particular manner, and deliver a part at Parkhurst’s shop,…
2Cases cited2 opinions
- Russell v. FillmoreSupreme Court of Vermont · 1843
- Bailey v. QuintSupreme Court of Vermont · 1850
3Cited by1 opinion
- Pettingill v. ElkinsSupreme Court of Vermont · 1878