Adams v. Janes
Supreme Court of Vermont
Special Assumpsit, Plea, the general issue, Trial by jury at the September Term, 1908, Franklin' County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. The defendant also brought to the Supreme Court for Franklin County at its May Term, 1909, his petition for a new trial, for that the presiding judge below refused to sign and allow such a bill of exceptions as defendant alleges he is entitled to.
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Special Assumpsit, Plea, the general issue, Trial by jury at the September Term, 1908, Franklin' County, Powers, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The opinion states the case. The defendant also brought to the Supreme Court for Franklin County at its May Term, 1909, his petition for a new trial, for that the presiding judge below refused to sign and allow such a bill of exceptions as defendant alleges he is entitled to. This petition was heard with the exceptions. The variance relied upon was material and substantial and affected the very right of…
1Opinion of the CourtMunson, J.
The declaration contains three counts. The first alleges that defendant sold the plaintiff 90 tons of hay at $10.50 a ton, to be pressed and delivered by the defendant in the cars at Swanton within a reasonable time, and to be paid for on delivery. The second count sets up a sale made in writing, says nothing about the hay being pressed, and alleges that the defendant was to deliver it ‘ ‘ on. board the cars when thereunto requested, to wit, at Swanton aforesaid,” and that it was to be paid for on delivery. The third count is like the first, except that it alleges that part of the hay was to…
Also in this document: Concurrence.
2Cases cited2 opinions
- Smith v. StantonSupreme Court of Vermont · 1843
- Buck v. PickwellSupreme Court of Vermont · 1854
3Cited by6 opinions
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Cummings v. Connecticut General Life InsuranceSupreme Court of Vermont · 1928
- Miles v. Vermont Fruit Co.Supreme Court of Vermont · 1924
- Walsh v. FarringtonSupreme Court of Vermont · 1933
- Silvers Box Corp. v. J. E. Stone & Co.Court of Appeals of Texas · 1923
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