Comstock's Admr. v. Jacobs
Supreme Court of Vermont
General Assumpsit. Plea, the general issue. Trial by-jury at the June Term, 1914, Orange County, Fish, J., presiding. Verdict and judgment for defendant: The plaintiff excepted. 'This case has been twice before in the Supreme Court; see 84 Vt. 277, and 86 Vt. 182.
1Opinion of the CourtTaylor, J.
This is the third time this case has been here. The first opinion, Comstock’s Admr. v. Jacobs, 84 Vt. 277, 78 Atl. 1017, Ann. Cas. 1913 A, 679, contains a full statement of the facts which were not materially different on the last trial below, and so need not be repeated. For the report of the second hear*137ing of the case see Comstock’s Admr. v. Jacobs, 86 Vt. 182, 84 Atl. 568.
1. Defendant was a witness in his own behalf and, against the objection that he was incompetent to testify to the contract as the other party thereto was dead, was permitted to testify that he made a contract with the…
2Cases cited42 opinions
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