Zerah v. Stewart
Supreme Court of Vermont
This case came before the court on a motion for a new trial founded upon exceptions taken at the trial in the county court at last April Term. Mr. Justice Hutchinson presiding.
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This case came before the court on a motion for a new trial founded upon exceptions taken at the trial in the county court at last April Term. Mr. Justice Hutchinson presiding. The action was debt on bond,dated Oct. 5, 1821,in the penalty of $5000,00. The condition was set forth in the declaration and recited, That the defendant had agreed with the plaintiffs to sell them an oil mill with land and appurtenances at the sum of $3000,00,for which the plaintiffs had executed to him the following notes: one for $450,payable May 1,1822,one for$450,00,payable May 1, 1823, one for $619,00, payable…
1Opinion of the CourtRoyce, J.
In this case the plaintiff! have declared upon a bond, setting " out the condition and alleging specific acts of precedent performance on their part in exact compliance with the terms of the condition. From the evidence offered on trial by die defendant, if not from that produced by the plaintiffs, it is now to be understood that the performance of those acts was different in point of time from that required by the contract and avered in the declaration. Whether a bond with condition wherein precedent acts, specific as to the time and manner of their execution, are required to bs-performed by…
2Cited by3 opinions
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