Legal Opinion

Atkins v. Johnson

Supreme Court of Vermont

Decided August 15, 1870PublishedCited by 12 opinions

Assumpsit as per declaration, which is set out in the opinion of the court. Trial on general demurrer to the declaration,- at the March term, 1870, Peck, J., presiding. The court, pro forma, adjudged the declaration insufficient, and rendered judgment for the defendant to recover his costs. Exceptions by the plaintiff. cited Fletcher v. Harcut, Hutton Rep., 65 ; Chitty on Contracts, 503-504; Betts et al. v. Gfibbons, 29 Eng. Com.

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Assumpsit as per declaration, which is set out in the opinion of the court. Trial on general demurrer to the declaration,- at the March term, 1870, Peck, J., presiding. The court, pro forma, adjudged the declaration insufficient, and rendered judgment for the defendant to recover his costs. Exceptions by the plaintiff. cited Fletcher v. Harcut, Hutton Rep., 65 ; Chitty on Contracts, 503-504; Betts et al. v. Gfibbons, 29 Eng. Com. Law, 57; Adamson v. Jarvis, 13 lb., 403; Wooley v. Batte, 12 lb., 417; Stone v. Hooker, 9 Cowen, 154; Ives v. Jones, 3 Iredell, 538 ; Avery v. Halsey, 14 Pick., 174.…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, C. J.

The.case comes into this court upon a general demurrer to the plaintiff’s declaration.

The declaration alleges that f on the 22d day of July, 1867, the defendant, by his agreement in writing of that date, undertook, and promised, the plaintiff that, in consideration that the plaintiff would print and publish an article in the Argus & Patriot, a *80weekly newspaper published in Montpelier by the plaintiff, entitled “ A Jack at all Trades Exposed, ” that said article was all true, that there was enough to back it up, Ac., and that he, the…

2Cited by12 opinions

  1. Texas Industries, Inc. v. Radcliff Materials, Inc.Supreme Court of the United States · 1981
  2. Alvarado Partners, L.P. v. MehtaDistrict Court, D. Colorado · 1989
  3. Howard v. SpaffordSupreme Court of Vermont · 1974
  4. Gilwee v. Town of BarreSupreme Court of Vermont · 1980
  5. Horrabin v. City of Des MoinesSupreme Court of Iowa · 1924

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