Hill v. Smith & Carpenter
Supreme Court of Vermont
Assumpsit. The declaration, the facts in the case, and the charge of the county court, so far as they are material to the questions decided, are sufficiently stated in the opinion of the court. In addition to the special count mentioned in the opinion of the court, the declaration also contained the common counts. To the charge of the court as detailed in the following opinion, the defendants excepted.
1Opinion of the CourtBarrett, J.
The declaration sets forth and counts upon a contract made on the 6th day of December, 1856, for the delivery, by the defendants at their store, within the month of the then next January, of two thousand bushels of oats, for the price of thirty-six cents per bushel, towards which twenty-five dollars was paid by the plaintiff at the date of the contract, and the residue of the purchase money was to be and was paid by the plaintiff within the then next week. The breach alleged is that the defendants did not deliver the oats within said month of January, nor at any time since, though then and…
2Cases cited2 opinions
- Williams v. GoochCourt of Appeals of Kentucky · 1861
- Lawrence v. DoleSupreme Court of Vermont · 1839
3Cited by7 opinions
- Baltimore Marine Insurance v. DalrympleCourt of Appeals of Maryland · 1866
- Emack v. HughesSupreme Court of Vermont · 1902
- Hill v. SmithSupreme Court of Vermont · 1861
- Martin v. Martin & CarpenterSupreme Court of Vermont · 1925
- Austin & McCargar v. LangloisSupreme Court of Vermont · 1909
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