Hydeville Co. v. Eagle Railroad & Slate Co.
Supreme Court of Vermont
This is an action of assumpsit upon several special counts. Plea, the general issue, and trial by the court, at the March term, 1871, Wheeler, J., presiding. Upon the trial it appeared that on the first day of October, 1866, the plaintiffs owned tenement houses with land adjoining for gardens, in Poultney, then out of repair and encumbered with rubbish.
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This is an action of assumpsit upon several special counts. Plea, the general issue, and trial by the court, at the March term, 1871, Wheeler, J., presiding. Upon the trial it appeared that on the first day of October, 1866, the plaintiffs owned tenement houses with land adjoining for gardens, in Poultney, then out of repair and encumbered with rubbish. That on that day they leased these houses and gardens to the defendants to be occupied by their laborers, by an indenture of that date in two parts, executed by the parties, and one part by each party to the other. The indenture contains the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The plaintiff claims that the lease of October 1, 1866, took effect and carried rent from its date, and that the only *401effect of tbe subsequent agreement of March 20, 1867, was to discount $50 from the rent reserved in the lease. Such construction would render the last part of that agreement entirely nugatory. That clause which provides that two hundred dollars shall be paid the plaintiff “instead of the provisions of said lease,” might as well have been unwritten. If this is not the construction to be given to the last part of the agreement,…
2Cases cited3 opinions
- Sherwin & Salpaugh v. Rut. & Bur. Rail RoadSupreme Court of Vermont · 1852
- Graham v. StevensSupreme Court of Vermont · 1861
- Porter v. StewartSupreme Court of Vermont · 1828
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- Kidd v. New Hampshire Traction Co.Supreme Court of New Hampshire · 1907