Hendrick v. Seeley
Supreme Court of Connecticut
IN ERROR. This was an action of assumpsit, brought by Seeley against Hendrick, on a special executory contract, containing mutual stipulations.
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IN ERROR. This was an action of assumpsit, brought by Seeley against Hendrick, on a special executory contract, containing mutual stipulations. The declaration stated, That on the 10th of October, 1819, in consideration of the several promises and undertakings of the defendant, as therein-after set forth, the plaintiff contracted with the defendant to do all the carpenter and joiner work to a certain dwelling-house, which the defendant was about to build, agreeable to certain plans and particulars agreed upon between them; to have two rooms in the house finished fit for walling, in the fall…
1Opinion of the CourtPeters, J.
In declaring on a simple contract, it is necessary to state the whole consideration expressly and formally, correspondent with the facts in the case, and coextensive with the contract; for a variance between the contract alleged and the contract proved, is fatal on trial. 1 Swift’s Dig. 686. 1 Chitt. Plead. 294.
It does not appear that any part of the consideration is omitted; and for aught that does appear, all the “plans and particulars agreed upon,” are detailed; and it would not be necessary to make a fac simile of the intended house, or its prototype. The object of specification is to…
2Cited by6 opinions
- Goshen & Sharon Turnpike Co. v. SearsSupreme Court of Connecticut · 1828
- Sullivan v. DollinsIllinois Supreme Court · 1851
- Curtis v. BurdickSupreme Court of Vermont · 1876
- Malone-Beal Mer. Co. v. GreerSupreme Court of Alabama · 1910
- Ammel v. NoonarSupreme Court of Vermont · 1878
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