Jackson v. Hunt
Supreme Court of Vermont
General Assumpsit to recover the value of logs sold •and delivered. Pleas, the general issue, payment, and declaration in offset. Trial by court at the December Term, 1903, Lamoille County, Hasélton, J., presiding. Judgment for the plaintiff. The defendant excepted. The opinion states the Tacts.
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General Assumpsit to recover the value of logs sold •and delivered. Pleas, the general issue, payment, and declaration in offset. Trial by court at the December Term, 1903, Lamoille County, Hasélton, J., presiding. Judgment for the plaintiff. The defendant excepted. The opinion states the Tacts. Courts construe contracts, not make them. 19 Vt. 202; 44 Vt. 395. When parties to a contract provide for the payment of an amount fluctuating with the extent of the breach, it is generally regarded as manifesting an intention to liquidate the damages. 19 Enc. Law, (2 ed.) 413; Kilbourne v. Lumber Co.,…
1Opinion of the CourtStafford, J.
The plaintiff is seeking to recover the-price of logs delivered to the defendant under a written contract. The contract is that he shall deliver all the merchantable timber standing upon his certain lot, — one hundred thousand feet, or more, the first year, and at least four hundred thousand each succeeding year; and that the price shall be $6.25 per M, unless he fails to deliver the required amount in any given year, in which case it shall be twenty-five cents per thousand less for the quantity delivered in that year; provided, however, that any excess above the required quantity delivered…
2Cases cited2 opinions
- Kemp v. . Knickerbocker Ice Co.New York Court of Appeals · 1877
- O'Brien v. Anniston Pipe-WorksSupreme Court of Alabama · 1890
3Cited by4 opinions
- Smith v. Lambert Transfer Co.Washington Supreme Court · 1920
- Ball v. HallSupreme Court of Vermont · 1971
- K. P. Min. Co. v. JacobsonUtah Supreme Court · 1906
- Platt v. MannheimerDistrict Court of Appeal of Florida · 1960