University of Vermont v. Buell
Supreme Court of Vermont
This was an action of assumpsit founded upon the following agreement : “ Whereas the College buildings at Burlington have “ lately been consumed by fire; and whereas, the Corporation “ have resolved to erect other buildings as soon as practicable : “ Therefore, we whose names áre hereunto subscribed, promise “ the University of Uermont to pay them the sums affixed to our “ names respectively, for the purpose of erecting such suitable « College buildings, as the said…
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This was an action of assumpsit founded upon the following agreement : “ Whereas the College buildings at Burlington have “ lately been consumed by fire; and whereas, the Corporation “ have resolved to erect other buildings as soon as practicable : “ Therefore, we whose names áre hereunto subscribed, promise “ the University of Uermont to pay them the sums affixed to our “ names respectively, for the purpose of erecting such suitable « College buildings, as the said Corporation shall think advisable. “ It is understood, that this subscription is not binding, unless «the sum of ‡8000,00 is…
1Opinion of the Court
The opinion of the Court was pronounifed by
Paddock, J.
The defendant contends,
1. That there^was no consideration for the promise : but if adjudged otherwise, then,
2. That a special demand on Buell was necessary.
3. That aábfficient tender of performance was made by Buell in March, 1H®>; and
4. That he was not bound in 1826, after the buildings were completed, to make payment.
*54It is undoubtedly true', that every man is by the laws of nature bound to fulfil his contracts ‘ and equally true that neither the laws of this State, nor the Common law, will compel the performance of an agreement, entered…
2Cases cited2 opinions
- Trustees of Farmington Academy v. AllenMassachusetts Supreme Judicial Court · 1817
- Trustees of Phillips Limerick Academy v. DavisMassachusetts Supreme Judicial Court · 1814
3Cited by9 opinions
- Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924
- State v. JohnsonIndiana Supreme Court · 1875
- University of Des Moines v. LivingstonSupreme Court of Iowa · 1881
- Town of Grand Isle v. KinneySupreme Court of Vermont · 1898
- State Treasurer v. CrossSupreme Court of Vermont · 1837
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