Cobb v. Hall
Supreme Court of Vermont
Assumpsit on the general counts. Plea the general issue, and trial by jury at the December Term, 1858, — Poland, J., presiding. This was an action to recover the same sum of one hundred dollars for which a former suit was brought by the same plaintiff against the same defendant.
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Assumpsit on the general counts. Plea the general issue, and trial by jury at the December Term, 1858, — Poland, J., presiding. This was an action to recover the same sum of one hundred dollars for which a former suit was brought by the same plaintiff against the same defendant. It appeared on the trial of the first case that one James Drown sometime prior to May, 1855, purchased a piece of land in Sheffield, paid a portion of the purchase money down, and procured the defendant to pay the balance, who on doing so, took the deed of the promises to himself; that Drown resided on the premises,…
1Opinion of the Court
Redfield, Ch. J.
It seems to have been decided by this court in Hard v. Brown, 18 Vt. 87, that where one is bound to *238give security, as an act concurrent with some duty of the other party, and such security is to be upon real estate, it is not incumbent upon him to tender the deed when the other party absolutely refuses to have anything to do with it, claiming that he was not bound to accept that kind of security. This is put by the court upon .the ground that “ the law never requires a useless ceremony.”
In those cases where the parties are required to do concurrent acts, those upon one side…
2Cases cited2 opinions
- Cobb v. HallSupreme Court of Vermont · 1857
- Hard v. BrownSupreme Court of Vermont · 1846
3Cited by6 opinions
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
- American Insurance Union v. WoodardSupreme Court of Oklahoma · 1926
- Davis v. Bowers Granite Co.Supreme Court of Vermont · 1903
- Bedell v. TracySupreme Court of Vermont · 1892
- Burlington Paper Stock Co. v. DiamondSupreme Court of Vermont · 1914
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