Sharp v. Conkling
Supreme Court of Vermont
This was an action for breach of covenants contained in an indenture executed by the defendant of the one part, and the plaintiff and others of the other part.
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This was an action for breach of covenants contained in an indenture executed by the defendant of the one part, and the plaintiff and others of the other part. The defendant craved oyer of the indenture and demurred'. The indenture, after reciting that the plaintiff, J. Dewey, E. D. Waters, M. Waters, W. S. Southworth and E. Adams were the “ owners of parcels of lands situated in Bennington East village, through which runs a stream of water ” and that the defendant, owning certain tanning works away from said stream, proposed to purchase the right to take away said water from its present…
1Opinion of the Court
The opinion of the court was delivered by
Redfieed, J.
This action is covenant broken, founded upon a deed inter partes, and the only question seems to be, whether the plaintiff can sustain the action in his own name alone, or must join all the parties of the same part. The cases upon this subject are numerous, and not wholly reconcileable with each other. The general principles upon the subject may, however, we think, be clearly deduced from a comparison of all the cases.
There is one class of cases, which seems to have been considered in connection with this subject, which has properly nothing…
2Cases cited1 opinion
- Catlin v. BarnardSupreme Court of Vermont · 1825
3Cited by4 opinions
- C. H. Albers Commission Co. v. SpencerSupreme Court of Missouri · 1911
- Anderson v. NicholsSupreme Court of Vermont · 1919
- Bush v. HaeusslerMissouri Court of Appeals · 1887
- Shurtleff v. UdallSupreme Court of Vermont · 1923