Curtis v. Smith
Supreme Court of Vermont
, GENERAL Assumpsit. Plea, the general issue, and notice of payment. Trial by jury, December Term, 1872, Windsor County, Barrett, J., presiding.
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, GENERAL Assumpsit. Plea, the general issue, and notice of payment. Trial by jury, December Term, 1872, Windsor County, Barrett, J., presiding. It appeared that in the latter part of July, 1871, a contract was negotiated between the parties, that plaintiff should build some wing walls about defendants’ bakery, finding the stones and doing all the work at $3 per yard, to be measured in the completed wall, plaintiff to commence on said job as soon as tlie stagings then around said bakery be taken down. They were taken down about the 20th of August, and as soon as they could be spared from use…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
In the action of-assumpsit on the common counts, it is as necessary for the plaintiff to prove the declaration as it would be if he declared specially. He cannot recover on the common count for work and labor done and performed, without *120showing that he has performed work or labor for the defendant, at-‘his request, either expressed or implied. Neither can he recover on the count for materials furnished, Without showing that the materials, in whole or in part, have gone to the benefit of the defendant, upon a like request. If the plaintiff has…
2Cases cited1 opinion
- Allen v. ThrallSupreme Court of Vermont · 1864
3Cited by6 opinions
- CASS-WARNER CORPORATION v. BrickmanSupreme Court of Vermont · 1967
- Derosia v. FerlandSupreme Court of Vermont · 1910
- Davis v. StreeterSupreme Court of Vermont · 1903
- Lyndon Granite Co. v. FarrarSupreme Court of Vermont · 1880
- S. Brodek & Co. v. HirschfieldSupreme Court of Vermont · 1885
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