Smith v. Fisher
Supreme Court of Vermont
G-eNekal Assumpsit. Plea, the general issue'. Trial by jury, September Term, 1885, Washington County, Powers, J.,- presiding. Verdict for the plaintiffs. The plaintiffs owned a quantity of logs in the mill yard of one L. T. Kinney., and bad contracted with him to saw them. The defendant, having seen the logs and having had some talk about buying them, wrote the plaintiffs a letter accepting their offer, and agreeing to take the logs and give $15 per thousand.
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G-eNekal Assumpsit. Plea, the general issue'. Trial by jury, September Term, 1885, Washington County, Powers, J.,- presiding. Verdict for the plaintiffs. The plaintiffs owned a quantity of logs in the mill yard of one L. T. Kinney., and bad contracted with him to saw them. The defendant, having seen the logs and having had some talk about buying them, wrote the plaintiffs a letter accepting their offer, and agreeing to take the logs and give $15 per thousand. Soon after, the parties mot and went to Kinney’s mill-yard. Here and at this time the contract was altered, but the price per thousand…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The action is general assumpsit for a quantity of logs sold and delivered to the defendant. The plaintiffs stand upon an alleged sale completed in all respects, with nothing remaining to be done except payment. The objection to the form of action is therefore without avail. The defence more particularly relied upon is the Statute 'of Frauds. The contract price was above $40, and nothing in earnest or part payment was given. A letter written by .the defendant in answer to and acceptance of a verbal proposal of sale of the logs by the…
2Cases cited2 opinions
- Dana v. HancockSupreme Court of Vermont · 1858
- Gorham v. FisherSupreme Court of Vermont · 1858
3Cited by1 opinion
- Burlington Grocery Co. v. DornSupreme Court of Vermont · 1923