Rawson v. Prior
Supreme Court of Vermont
Assumpsit. Pleas, general issue, offset, and accord and satisfaction. Trial by jury, September Term, 1881, Tapt, J., presiding. Verdict for the defendant.
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Assumpsit. Pleas, general issue, offset, and accord and satisfaction. Trial by jury, September Term, 1881, Tapt, J., presiding. Verdict for the defendant. The plaintiff's evidence tended to show, that in 1872 he bargained with the defendant for his hotel property, in Jamaica, for the sum of $3,187, to be paid in two installments; that the whole was to be paid on or before October 1, 1873; that he took a bond from the defendant for the conveyance of the same, when he paid as agreed; that he made payments so that $2,000 remained due October 1, 1873; that the defendant brought an action of…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The statement in the bill of exceptions that the value of the hotel property at the various times named *615was a material question upon the trial, as was the good faith of the defendant under the arrangement with the plaintiff in making efforts to sell the property, is controlling upon this court as to the materiality of those questions, although the exceptions do not set out the facts showing how they were material. We cannot therefore say that the testimony of Barnes as to the value and what he paid for it, even as late as 1880, was…
2Cited by6 opinions
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Belka v. AllenSupreme Court of Vermont · 1909
- Angell v. HopkinsCalifornia Supreme Court · 1889
- Donovan v. TowleSupreme Court of Vermont · 1926
- Hamilton v. AllenNebraska Supreme Court · 1910
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