Legal Opinion

Barlow v. Smith

Supreme Court of Vermont

Decided January 15, 1832PublishedCited by 6 opinions

. This was an action of assumpsit. The declaration contained three counts. The first count was as follows : “For that the said defendants, heretofore, to wit, on the first day of May, A. D. 1829, at St. Albans aforesaid, in consideration that the plaintifi would submit certain matters of difference then existing between the said plaintiff and the said Charles B. and Gardner G. concerning the said plaintifi’s leasing his, the said plaintiff’s store to the said Charles B. and…

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. This was an action of assumpsit. The declaration contained three counts. The first count was as follows : “For that the said defendants, heretofore, to wit, on the first day of May, A. D. 1829, at St. Albans aforesaid, in consideration that the plaintifi would submit certain matters of difference then existing between the said plaintiff and the said Charles B. and Gardner G. concerning the said plaintifi’s leasing his, the said plaintiff’s store to the said Charles B. and Gardner G., and concerning the contracting to purchase the goods of him the said plaintiff by the said Charles B. and…

1Opinion of the Court

Baylies, J.,

delivered the opinion of the Court.- — It appears that on the 1st of May, 1829, Samuel H. Barlow, the plaintiff, and Charles B. Janes and Gardner G. Smith, two of the defendants, made a written submission of certain matters of difference between them to the determination of George Green and Luther B. Hunt, arbitrators ; and in their submission mutually agreed to abide the award of the said George and Luther B., and that the same should be a full and final settlement. This submission was not made a rule of court, but was simply the act of the parties. It was not under seal, and the…

2Cited by6 opinions

  1. Rowell v. Town of VershireSupreme Court of Vermont · 1890
  2. Glass v. BeachSupreme Court of Vermont · 1833
  3. Hayward v. BarkerSupreme Court of Vermont · 1880
  4. Giddings v. Giddings's AdministratorSupreme Court of Vermont · 1878
  5. F. A. Jewett & Son v. SmardonSupreme Court of Vermont · 1929

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