Conway v. Fitzgerald
Supreme Court of Vermont
General and Special Assumpsit. Plea, the general issue with notice. Declaration in offset with the common counts in assumpsit. Trial by jury at the September Term, 1896, Essex County, Munson, J., presiding." Verdict and judgment for the plaintiff. Both parties excepted. It became material to show what a given number of feet weighed, in the log, as bearing on the correctness of the defendant’s scale of logs shipped to him by the plaintiff.
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General and Special Assumpsit. Plea, the general issue with notice. Declaration in offset with the common counts in assumpsit. Trial by jury at the September Term, 1896, Essex County, Munson, J., presiding." Verdict and judgment for the plaintiff. Both parties excepted. It became material to show what a given number of feet weighed, in the log, as bearing on the correctness of the defendant’s scale of logs shipped to him by the plaintiff. One S. A. Baldwin, a witness for the plaintiff, having been found qualified as an expert, was asked, “What amount by measurement corresponds with the weight…
1Opinion of the CourtStart, J.
The plaintiff and defendant entered into a *105contract by which the plaintiff agreed to cut, log, haul, manufacture and load on cars the timber on a certain tract of land; and the defendant, in consideration of the plaintiff’s undertaking, was to furnish buildings, boardinghouse, camps, hovels, mill, machinery, and keep the property insured. As a part of the contract, plaintiff also agreed to log, manufacture and load on the cars not less than four million feet of spruce during the first season; and, if there was any then left, to log and manufacture the remainder during the season of 1892. The…
2Cases cited5 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Rommel v. WingateMassachusetts Supreme Judicial Court · 1869
- Preble v. BottomSupreme Court of Vermont · 1855
- Bean v. BunkerSupreme Court of Vermont · 1895