Mattison v. Wescott
Supreme Court of Vermont
This was an action of book account. Judgment to account having been rendered in the county court, an auditor was appointed, who subsequently reported, in substance, as follows:— The plaintiff agreed with the defendant, to make for him two sets of grave stones, of blue marble, to be finished and ready to be set up after planting time in the spring of 1839. The defendant insisted, that the stones were to be procured from the Simmons quarry, and the plaintiff insisted that…
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This was an action of book account. Judgment to account having been rendered in the county court, an auditor was appointed, who subsequently reported, in substance, as follows:— The plaintiff agreed with the defendant, to make for him two sets of grave stones, of blue marble, to be finished and ready to be set up after planting time in the spring of 1839. The defendant insisted, that the stones were to be procured from the Simmons quarry, and the plaintiff insisted that there was no place agreed upon whence the stone should be procured. It appeared that the blue stone, usually wrought by the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This being a contract for manufactured articles, not in existence at the time the contract was made, the law applicable to the case will differ in some respects from the common case of the sale of articles in esse.
1. Such contracts, whatever may be the amount, do not come within the statute against frauds and perjuries. Clayton v. Andrews, 4 Burr. 2101. Towers v. Osborne, 1 Strange, 506. 7 T. R. 14.
2. In contracts of this kind, as in contracts for labor, the vendor must perform the entire contract, on his part, within *262the time stipulated,…
2Cited by5 opinions
- Fairchild v. HedgesWashington Supreme Court · 1896
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
- Novelty Advertising Co. v. Farmers Mutual Tobacco Warehouse Co.Supreme Court of North Carolina · 1923
- Hodges v. FoxSupreme Court of Vermont · 1863
- Downer v. SinclairSupreme Court of Vermont · 1843