Greenwood v. Smith
Supreme Court of Vermont
Assumpsit in the common counts. Plea, the general issue. Trial by jury, February term, 1872, Redeield, J., presiding. The only item in .the plaintiff’s specification, filed by order of court, was for the price of a wagon sold by plaintiff to defendant. It appeared without dispute that the plaintiff left said wagon with the defendant for sale, and that'while in his possession the defendant used it and somewhat injured it.
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Assumpsit in the common counts. Plea, the general issue. Trial by jury, February term, 1872, Redeield, J., presiding. The only item in .the plaintiff’s specification, filed by order of court, was for the price of a wagon sold by plaintiff to defendant. It appeared without dispute that the plaintiff left said wagon with the defendant for sale, and that'while in his possession the defendant used it and somewhat injured it. The plaintiff claimed that he left the wagon with the defendant upon such terms that the defendant might himself become the purchaser thereof, which the defendant denied.…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
It is the office of the specification to define the ground of recovery which the plaintiff proposes to maintain by evidence to be offered on his part. But we do not understand that such specification precludes his right of recovery upon a cause of aetion set forth in the declaration, and which would be proper matter for a specification, and growing out of the subject-matter of the specification actually filed, if, as in this case, the defendant confesses in open court, and on trial, such cause of action. The purpose of making the…
2Cases cited1 opinion
- Williams v. AllenNew York Supreme Court · 1827
3Cited by4 opinions
- Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
- Aseltine v. PerrySupreme Court of Vermont · 1903
- Congdon v. TorreySupreme Court of Vermont · 1921
- McKane v. GordonSupreme Court of Vermont · 1911