Bradley v. Blandin
Supreme Court of Vermont
Contract. Heard on plaintiff’s demurrer to the second count of defendants’ answer, at tbe December Term, 1917, Bennington County, Waterman, J., presiding. Demurrer overruled, and count adjudged sufficient. Plaintiff excepted. The complaint alleged an agreement by defendants to pay plaintiff a commission for effecting the sale of certain land; that plaintiff had performed his part of the agreement, but that defendants refused to” pay him the commission.
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Contract. Heard on plaintiff’s demurrer to the second count of defendants’ answer, at tbe December Term, 1917, Bennington County, Waterman, J., presiding. Demurrer overruled, and count adjudged sufficient. Plaintiff excepted. The complaint alleged an agreement by defendants to pay plaintiff a commission for effecting the sale of certain land; that plaintiff had performed his part of the agreement, but that defendants refused to” pay him the commission. The second count of the answer was as follows: “.And for further answer in this behalf the defendants say that on or about the 25th day of…
1Opinion of the CourtWatson, C. J.
This is an action of assumpsit on contract. The case (which has been here twice before, and is reported in *31589 Vt. 542, 95 Atl. 894, and in 91 Vt. 472, 100 Atl. 920) is here on plaintiff’s demurrer to the so-called “second plea” of defendants’ answer — more properly speaking, it is the second paragraph of the answer.
Though the action was pending at the time of the passage of the Practice Act, the law of that act applies. Laws of 1915, No. 90, Sec. 18.
By section 2, pleadings in defence shall consist of “(b) An answer, which shall contain either a denial of the allegations of the complaint or some…
2Cases cited11 opinions
- Noonan v. BradleySupreme Court of the United States · 1870
- Wilmot v. McPaddenSupreme Court of Connecticut · 1905
- McKinstry v. CollinsSupreme Court of Vermont · 1902
- Strouse v. LeipfSupreme Court of Alabama · 1893
- Greenthal v. Lincoln, Seyms & Co.Supreme Court of Connecticut · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bradley v. BlandinSupreme Court of Vermont · 1920
- Dernier v. Rutland Railway, Light & Power Co.Supreme Court of Vermont · 1920
- Nichols v. LaneSupreme Court of Vermont · 1919
- Doubleday v. Town of StockbridgeSupreme Court of Vermont · 1937
- Noyes v. PierceSupreme Court of Vermont · 1923
4 more not listed; retrieve them via the Exa API.