Montgomery v. Edwards
Supreme Court of Vermont
Assumpsit, for that on the 1st day of May, 1870, in consideration that the plaintiff would permit the defendant to raise oats on a certain piece of the plaintiff’s land that year, and have the .crop, the defendant promised to sow said land with oats, and to harrow it as much as he was accustomed to harrow his own land for a like purpose, and to stock down the same with herds-grass and clover, and also expend four days’ work thereon in cutting bushes and making and repairing…
Read the full summary
Assumpsit, for that on the 1st day of May, 1870, in consideration that the plaintiff would permit the defendant to raise oats on a certain piece of the plaintiff’s land that year, and have the .crop, the defendant promised to sow said land with oats, and to harrow it as much as he was accustomed to harrow his own land for a like purpose, and to stock down the same with herds-grass and clover, and also expend four days’ work thereon in cutting bushes and making and repairing fence. Averment of performance by the plaintiff, and breach by the defendant. The declaration also contained the common…
1Opinion of the Court
*153The opinion of the court was delivered by
Barrett, J.
It is not the province of this court to reverse the judgment of the county court, unless the exceptions show error in that judgment.
The case shows that the defendant, on the trial, “ admitted the making of the agreement, in nearly the same terms charged in the declaration.” Ho was defending on the ground that he had performed on his part, according to said agreement. The parol evidence of the agreement given by the plaintiff had been received without objection. Not till “ the arguments were partly concluded,” did the defendant’s counsel make…
2Cases cited2 opinions
- Adams v. PatrickSupreme Court of Vermont · 1858
- Smith v. SmithSupreme Court of Vermont · 1842
3Cited by14 opinions
- International Harvester Co. of America v. CampbellCourt of Appeals of Texas · 1906
- Sartwell v. SowlesSupreme Court of Vermont · 1900
- Strong, Whitney & Co. v. DoddsSupreme Court of Vermont · 1875
- Taplin v. Hinckley Fibre Co.Supreme Court of Vermont · 1923
- Cooley v. HatchSupreme Court of Vermont · 1917
9 more not listed; retrieve them via the Exa API.