Allen v. Jarvis
Supreme Court of Connecticut
This was an action of assumpsit, in several counts. In the first, the plaintiffs alleged, that the defendant engaged them to make for him 100 surgical instruments, called surgical adjusters, for each of which he promised to pay them 20 dollars, within a reasonable time; that the plaintiffs afterwards, from the 9th of July, 1844, to the 31st of March, 1845, continued to work, in performance of this contract, on their part, and to make and manufacture said surgical adjusters,…
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This was an action of assumpsit, in several counts. In the first, the plaintiffs alleged, that the defendant engaged them to make for him 100 surgical instruments, called surgical adjusters, for each of which he promised to pay them 20 dollars, within a reasonable time; that the plaintiffs afterwards, from the 9th of July, 1844, to the 31st of March, 1845, continued to work, in performance of this contract, on their part, and to make and manufacture said surgical adjusters, and parts and portions thereof, according to said contract; that on the 31st of March, 1845, the defendant notified the…
1Opinion of the CourtStorrs, J.
The various questions in this case, arise under the second and third counts of the declaration, the first having been abandoned, and the fourth not distinctly relied upon, by the plaintiffs, on the trial.
The questions of variance under the second count, were properly disposed of, by the court below. As to the price agreed to be paid by the defendant for the adjusters, no specific instructions were requested ; the testimony was verbal and confused; and it was properly left to the jury, to determine its weight, and whether, in that respect, it proved the contract as alleged.
The other claim of…
2Cited by33 opinions
- Hosmer v. WilsonMichigan Supreme Court · 1859
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- Moline Scale Co. v. BeedSupreme Court of Iowa · 1879
- Collins v. DelaporteMassachusetts Supreme Judicial Court · 1874
- Texas P. R'y Co. v. NicholsonTexas Supreme Court · 1884
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