Gilman v. Moore
Supreme Court of Vermont
Assumpsit, on a prommissory note, given by the defendant to the plaintiff for fifty dollars, payable in good well-finished plows, at the defendant’s shop, in the month of February, 1840. On the trial in the county court it appeared that on the last day of January, 1840, the defendant set aside plows to the amount of said note, marking the name of the plaintiff on each plow, and the same plows remained at some rods from the shop where they were first placed, through the…
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Assumpsit, on a prommissory note, given by the defendant to the plaintiff for fifty dollars, payable in good well-finished plows, at the defendant’s shop, in the month of February, 1840. On the trial in the county court it appeared that on the last day of January, 1840, the defendant set aside plows to the amount of said note, marking the name of the plaintiff on each plow, and the same plows remained at some rods from the shop where they were first placed, through the months of February, March, April and May, when this suit was commenced. It did not appear that there was any other tender or…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The note upon which this action is brought is payable £ in good, well-finished plows.’ The parol evidence of the agreement, made at the time the note was given, that if there should be improvements in the pattern, the plaintiff should be entitled to receive on the note plows of the improved kind, was rightfully excluded. The effect of it is to vary the operation of the note, and, instead of the *461note’s being payable ‘ in good, well-finished plows,’ which doubtless would include such as were of ordinary use, at the time the contract was…
2Cited by4 opinions
- Alexander v. ChevalierSupreme Court of Vermont · 1924
- Fletcher v. BlodgettSupreme Court of Vermont · 1844
- Poett v. StearnsCalifornia Supreme Court · 1866
- Games v. ManningSupreme Court of Iowa · 1849