Walworth v. Jenness
Supreme Court of Vermont
Trover. Plea, the general issue and notice that the goods and chattels claimed to have been converted were taken on a wi'it of attachment and execution in favor of one William Twombly and against one Eben A. Grant. Trial by court, February Term, 1885, Ross, J., presiding. Judgment for the plaintiff. The case was heard on an agi’eed statement.
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Trover. Plea, the general issue and notice that the goods and chattels claimed to have been converted were taken on a wi'it of attachment and execution in favor of one William Twombly and against one Eben A. Grant. Trial by court, February Term, 1885, Ross, J., presiding. Judgment for the plaintiff. The case was heard on an agi’eed statement. On November 8, 1873, the firm, Twombly, Grandy & Skinner, entered into the following agreement with oxie Grant: Said Graxit covenanted to clear and carry on a certain lot of land owned by said company. The land was to “be planted with such seed as may be…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The determinative question in this case is, whether Grant had an interest in the land on which these potatoes grew.
It was early held in England that “exposing to halves” for a single crop is no lease. Hare v. Celey, Cro. Eliz. 143. And such has always been'the general rule in this State. And the same form of contract for a longer term is undoubtedly the same.
But it will be found that the cases on this subject turn on the construction given to the particular contract of letting involved; and they may conveniently be divided into three classes,…
2Cases cited7 opinions
- Bellows v. WellsSupreme Court of Vermont · 1864
- Aiken v. SmithSupreme Court of Vermont · 1849
- Fitch v. BurkSupreme Court of Vermont · 1866
- Bishop v. DotySupreme Court of Vermont · 1827
- Warner v. HoisingtonSupreme Court of Vermont · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- C. E. Johnson & Co. v. MarshSupreme Court of Vermont · 1940
- Farmers' Exchange v. BrownSupreme Court of Vermont · 1934
- Batchelder v. JennessSupreme Court of Vermont · 1886
- Caswell v. JonesSupreme Court of Vermont · 1893