Davis v. Randall
Supreme Court of Vermont
Special Assumpsit. Plea, the general issue. Trial by-jury at the April Term, 1910, Windham County, Miles, J.,. presiding. Verdict and judgment for the plaintiff. The defendant excepted.
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Special Assumpsit. Plea, the general issue. Trial by-jury at the April Term, 1910, Windham County, Miles, J.,. presiding. Verdict and judgment for the plaintiff. The defendant excepted. It was error to exclude defendant’s offered evidence that at the time of the exchange the oxen were worth very much less than $125. “The great and general rule upon the subject seems to be this: That all facts and circumstanpes upon which any reasonable presumption or inference can be founded as to the truth or falsity of the issue or disputed fact, are admissible in evidence.” Richardson v. Royalton, etc.…
1Opinion of the CourtPowers, J.
The plaintiff exchanged a pair of oxen with the defendant for a horse. This horse was of uncertain age and was lame, and the plaintiff claimed and gave evidence tending to show that it was stipulated in the trade that, if the horse turned out to be over twelve years old or failed to get over its lameness, the defendant should take it back and pay one hundred and twenty-five dollars for the oxen. The defendant denied this, and claimed and gave evidence tending to show that the transaction was a simple exchange of property without any conditions or special agreements. When the case was…
2Cases cited6 opinions
- Kidder v. SmithSupreme Court of Vermont · 1861
- Green v. DodgeSupreme Court of Vermont · 1906
- State v. DonovanSupreme Court of Vermont · 1903
- Houghton v. CloughSupreme Court of Vermont · 1857
- Bedell v. FossSupreme Court of Vermont · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re DexterSupreme Court of Vermont · 1919
- Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
- Conley v. KaneySupreme Court of Missouri · 1952
- Livingston Manufacturing Co. v. Rizzi Bros.Supreme Court of Vermont · 1913
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1912
3 more not listed; retrieve them via the Exa API.