Bedell v. Wilder
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Heard at the December term, 1891, Caledonia county, Start, J., presiding, upon the report of a referee and exceptions of the plaintiff thereto. The court overruled the exceptions and gave judgment for the plaintiff in the sum of $148.50 and interest. The defendant excepts.
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Assumpsit. Plea, the general issue. Heard at the December term, 1891, Caledonia county, Start, J., presiding, upon the report of a referee and exceptions of the plaintiff thereto. The court overruled the exceptions and gave judgment for the plaintiff in the sum of $148.50 and interest. The defendant excepts. In January, 1883, the defendant purchased an old factory site in the town of Barnet, being the premises in question, and upon the same date leased it to Statira Bancroft and J. D. Gould. Subsequently Gould and Bancroft assigned their interest in said lease to one Conant and the plaintiff,…
1Opinion of the CourtTaft, J.
When the lease in question was executed by the defendant, and when the plaintiff took the assignment of it, the parties to both instruments understood that the water power which was the subject of the lease could be used in manufacturing pulp. With this understanding, the lease and assignment were made, and without it, it is apparent that no lease nor assignment would have been executed. The water could not be used for such purpose. Clement v. Gould, 61 Vt. 573. The lease was made and assigned in ignorance of this fact; an instance of a mistake as to the subject matter of the thing contracted…
2Cases cited5 opinions
- Wheadon v. OldsNew York Supreme Court · 1838
- Fleetwood v. BrownIndiana Supreme Court · 1886
- Ketchum v. CatlinSupreme Court of Vermont · 1849
- Clement v. GouldSupreme Court of Vermont · 1889
- Newell v. SmithSupreme Court of Connecticut · 1885
3Cited by10 opinions
- Hannah v. SteinmanCalifornia Supreme Court · 1911
- Burns & Smith Lumber Co. v. DoyleSupreme Court of Connecticut · 1899
- J. I. Case Threshing Machine Co. v. BarnesCourt of Appeals of Kentucky · 1909
- Iowa Loan & Trust Co. v. SchnoseSouth Dakota Supreme Court · 1905
- Pickrell v. WilsonCourt of Appeals of Kentucky · 1923
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