Gibson v. Wheldon
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury at tbe June Term, 1908, Windsor County, Taylor, J., presiding. Verdict and judgment for the plaintiff. Tbe defendant excepted. Tbe opinion states tbe case. It is not necessary to state all tbe parts of a contract unless the omitted parts are essential. Tbe gravamen is that a certain act which tbe defendant engaged to do has not been done. Allen v. Lyman, 27 Vt. 20; GooUdge v. Ins.
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Assumpsit. Plea, the general issue. Trial by jury at tbe June Term, 1908, Windsor County, Taylor, J., presiding. Verdict and judgment for the plaintiff. Tbe defendant excepted. Tbe opinion states tbe case. It is not necessary to state all tbe parts of a contract unless the omitted parts are essential. Tbe gravamen is that a certain act which tbe defendant engaged to do has not been done. Allen v. Lyman, 27 Vt. 20; GooUdge v. Ins. Co., 67 Vt. 14; 1 G-reenleaf, §66; Ammel v. Noonar, 50 Vt. 402; Allen v. Goff, 13 Vt. 148; Lent v. Padelford, 10 Mass. 230. Defendant’s act in hiring a third person…
1Opinion of the CourtITasblton, J.
This is an action of assumpsit. Tbe common counts and a special count were joined. Tbe trial was by jury. A verdict for tbe plaintiff was returned and judgment was rendered thereon.
Tbe special count alleged a contract between tbe plaintiff and tbe defendant by which tbe defendant was to furnish tbe plaintiff, upon her land in Shrewsbury, four hundred cords of pulp wood to be drawn by her to tbe railroad station at Mount Holly, and to be delivered by her on board tbe cars there. -This count alleged that for such drawing and delivery tbe defendant was to pay the plaintiff $1.50 per cord. Tbe…
2Cases cited7 opinions
- Morey v. King, Fuller & Co.Supreme Court of Vermont · 1877
- Emack v. HughesSupreme Court of Vermont · 1902
- Holdridge v. Holdridge's EstateSupreme Court of Vermont · 1881
- Allen v. GoffSupreme Court of Vermont · 1841
- Dano v. SessionsSupreme Court of Vermont · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- VanVelsor v. DzewaltowskiSupreme Court of Vermont · 1978
- Capital Garage Co. v. PowellSupreme Court of Vermont · 1925
- Ramsey v. WahlTexas Commission of Appeals · 1921
- Auer & Twitchell v. Robertson Paper Co.Supreme Court of Vermont · 1920
- Breding v. Champlain Marine & Realty Co.Supreme Court of Vermont · 1934
1 more not listed; retrieve them via the Exa API.