Barrett & Co. v. Hall & Co.
Supreme Court of Vermont
ASSUMPSIT. — The plaintiffs, in their first count, declared upon the instrument set forth below, as upon a promissory note.
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ASSUMPSIT. — The plaintiffs, in their first count, declared upon the instrument set forth below, as upon a promissory note. In their second count, they set forth, that, zuhereas, the defendants, at, &c. on, &c. were indebted to them, in and by the said note, &c. in consideration that the plaintiffs would receive of them the defendants, five cooking stoves, in part payment of the said note, at and for a certain price or sum of money, to wit, the sum of $260, they the defendants undertook, and to the plaintiffs faithfully promised, that the said cooking stoves were good cooking stoves; and the…
1Opinion of the Court
The opinion of the Court was delivered by
Skinner Ch. J.
This case cannot in principle be distinguished from the case of an executed contract — i. e. a contract in which the article sold is delivered at the time of the sale. The contract was to deliver, on demand, good cooking-stoves.— Stoves were received upon the contract, and endorsed upon the note. The terms of the contract, though written, can receive no construction different from what would be given, if it had been by parol, and the liability must be the same upon any affirmation or undertaking of the vendor, at the time of delivering…
2Cases cited1 opinion
- Penniman v. PiersonSupreme Court of Vermont · 1824
3Cited by3 opinions
- Hobart v. YoungSupreme Court of Vermont · 1891
- Weeks v. BurtonSupreme Court of Vermont · 1835
- Green Mountain Turnpike Co. v. HemmingwaySupreme Court of Vermont · 1830