Camp v. Barker
Supreme Court of Vermont
Covenant. The plaintiff alleged in his declaration, that on the ninth day of January, 1846, he. agreed with the defendants and others, (a return of non est inventus having been made upon the writ, as to the others,) by writing, under seal, that he would perform the masonry upon certain sections of the Vermont Central Rail Road, according to certain specifications, the tenor of which he set forth, and at certain specified prices; that the defendants agreed, that the engineers…
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Covenant. The plaintiff alleged in his declaration, that on the ninth day of January, 1846, he. agreed with the defendants and others, (a return of non est inventus having been made upon the writ, as to the others,) by writing, under seal, that he would perform the masonry upon certain sections of the Vermont Central Rail Road, according to certain specifications, the tenor of which he set forth, and at certain specified prices; that the defendants agreed, that the engineers of the rail road should, between the first and tenth day of each month, after the commencement of the work by the…
1Opinion of the Court
By the Court.
This court, in a recent case in the county of Windsor, Whitcomb v. Wolcott, [ante, page 368,] gave a very decided intimation to the profession, that they could not follow those English or American cases, where, upon motion in arrest of judgment, the courts have refused to make all reasonable intendments in favor of the sufficiency of the finding of the jury. Among these reasonable presumptions, upon a general verdict, the most important is, that the jury did find all the facts alleged in the declaration, and all others^ reasonably inferable from "them. The result of all this…
2Cases cited1 opinion
- Myrick v. SlasonSupreme Court of Vermont · 1847
3Cited by9 opinions
- Boyington v. SweeneyWisconsin Supreme Court · 1890
- Boville v. Dalton Paper MillsSupreme Court of Vermont · 1912
- Posnett v. MarbleSupreme Court of Vermont · 1890
- Davis v. StreeterSupreme Court of Vermont · 1903
- Smith v. Boston, Concord & Montreal RailroadSupreme Court of New Hampshire · 1858
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