Sargent v. Donahue
Supreme Court of Vermont
Action op Contract for failure to deliver pulp wood. Plea, accord and satisfaction. Trial by jury at tbe March Term, 1919, < Rutland County, Butler, J., presiding. The Court directed a verdict for the plaintiff on the question of liability, and the jury assessed the damages. Judgment on the verdict. The defendant excepted. The opinion states the case. Failure to perform the new contract did not revive the old one.
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Action op Contract for failure to deliver pulp wood. Plea, accord and satisfaction. Trial by jury at tbe March Term, 1919, < Rutland County, Butler, J., presiding. The Court directed a verdict for the plaintiff on the question of liability, and the jury assessed the damages. Judgment on the verdict. The defendant excepted. The opinion states the case. Failure to perform the new contract did not revive the old one. Sioux City Stock Yards Co. v. Sioux City Packing Co., 110 Iowa, 396, 81 N. W. 712; Pennsylvmia Min. Co. v. Brady, 14 Mich. 260; Morehouse v. Bank, 98 N. Y. 503; Spier v. Hyde, 78…
1Opinion of the CourtSlack, J.
The parties, on December 6, 1916, entered into a contract in writing, by the terms of which the defendant sold to the plaintiff, and agreed to deliver f. o. b. cars on the D. & H. Railroad, during the winter of 1916 and 1917, one hundred and twenty-five to two hundred cords of four-foot' spruce pulp wood, for $8.25 per cord. The contract contained other .provisions not necessary to notice. The defendant admitted its execution and his failure to deliver the wood, which was the breach assigned.
His defence was that the contract was so modified by parol that he was to deliver to the plaintiff on…
2Cases cited16 opinions
- Kromer v. . HeimNew York Court of Appeals · 1879
- Goodrich v. StanleySupreme Court of Connecticut · 1856
- Frankfurt-Barnett Co. v. William Prym Co.Court of Appeals for the Second Circuit · 1916
- Morris v. TrudoSupreme Court of Vermont · 1909
- Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
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3Cited by9 opinions
- State v. BogieSupreme Court of Vermont · 1966
- Noyes v. PierceSupreme Court of Vermont · 1923
- Taylor v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1959
- Crosby's Admrs. v. NaatzSupreme Court of Vermont · 1924
- Bufton v. Crane Et Ux.Supreme Court of Vermont · 1928
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