McKay v. Darling
Supreme Court of Vermont
Assumpsit. Heard upon the report of a referee at the December term, 1892, Munson, J., presiding. Judgment ■pro fo7'ma for the plaintiff. The defendant excepts. The plaintiff sought to recover compensation for sawing certain lumber, and damages for the non-performance of certain agreements upon the part of the defendant in reference to the sawing of this lumber.
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Assumpsit. Heard upon the report of a referee at the December term, 1892, Munson, J., presiding. Judgment ■pro fo7'ma for the plaintiff. The defendant excepts. The plaintiff sought to recover compensation for sawing certain lumber, and damages for the non-performance of certain agreements upon the part of the defendant in reference to the sawing of this lumber. It was conceded that the parties had originally executed two written contracts under seal in reference to the subject matter of this suit, but the plaintiff claimed that subsequendy they made a new parol contract. The referee found…
1Opinion of the Court
*641The opinion of the'court was delivered by
START, J.
The action is assumpsit and the plaintiff seeks to recover for services in sawing lumber, drawing slabs, and for damages sustained by him by reason of the defendant’s failure to furnish slabs pursuant to his agreement. These items are all provided for in a written contract under seal and from the facts reported by the referee, we cannot say as a matter of law that the sealed instrument has been changed or modified.
By the sealed instrument the plaintiff was required to saw the lumber in question, the price to be paid therefor by the defendant…
2Cases cited8 opinions
- Codman v. JenkinsMassachusetts Supreme Judicial Court · 1817
- Waterman v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1858
- Camp v. BarkerSupreme Court of Vermont · 1849
- Saville, Somes & Co. v. WelchSupreme Court of Vermont · 1886
- Sumner v. BrownSupreme Court of Vermont · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Beede v. Fraser & Co.Supreme Court of Vermont · 1894
- Kinney v. McNabbCourt of Appeals for the D.C. Circuit · 1916
- York v. Partridge's EstateSupreme Court of Vermont · 1926