Chamberlin v. Scott
Supreme Court of Vermont
Assumpsit. The declaration contained a general count for work and labor, and also a special count upon the contract mentioned below, but claimed no damages beyond payment for the work performed under the contract. The defendant pleaded the general issue and the case was tried by jury at the June term, 1859, Barrett, J., presiding.
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Assumpsit. The declaration contained a general count for work and labor, and also a special count upon the contract mentioned below, but claimed no damages beyond payment for the work performed under the contract. The defendant pleaded the general issue and the case was tried by jury at the June term, 1859, Barrett, J., presiding. The plaintiffs introduced in evidence a written contract between the parties, dated December 16, 1856, by which the plaintiff agreed to draw for the defendant, from premises therein described, a lot of pine timber, and deliver such portion of it as the defendant…
1Opinion of the CourtAldis, J.
I. The true meaning of the contract was that the drawing and carring of the timber should be fully completed on the 15th of March. The proviso was put in not to enlarge the time for carring the timber beyond March 15, but to enable the defendant to require it to be earred at any time during the winter after it was drawn, if his interest and the condition of the market might require.
II. Where there is a special contract for labor and an entire sum to be paid therefor, and the plaintiff has performed a part according to its terms, and has been prevented from performing the whole by the act or…
2Cases cited2 opinions
- Preble v. BottomSupreme Court of Vermont · 1855
- Boardman v. KeelerSupreme Court of Vermont · 1848
3Cited by14 opinions
- Stanton v. New York & Eastern Railway Co.Supreme Court of Connecticut · 1890
- Capital Garage Co. v. PowellSupreme Court of Vermont · 1925
- Pickering v. Mississippi Valley National Telegraph Co.Supreme Court of Missouri · 1871
- CASS-WARNER CORPORATION v. BrickmanSupreme Court of Vermont · 1967
- Schwasnick v. BlandinCourt of Appeals for the Second Circuit · 1933
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