Hart v. Hammett
Supreme Court of Vermont
This was an action on the case, founded on an agreement for the sale of a quantity of lamp oil. Plea, the general issue, and trial by jury, — Bennett, J., presiding. On trial the plaintiff gave in evidence a written agreement, signed by the defendant, dated Oct. 30, 1839, which was in these words.
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This was an action on the case, founded on an agreement for the sale of a quantity of lamp oil. Plea, the general issue, and trial by jury, — Bennett, J., presiding. On trial the plaintiff gave in evidence a written agreement, signed by the defendant, dated Oct. 30, 1839, which was in these words. “ I have this day sold to Jonathan Hart two hundred seventy five ‘ gallons of winter strained lamp oil, to be delivered at E. & J. Her-1 rick’s store, New York, by the 12th day of November next; the 1 oil to be equal to the sample this day left at Follett & Bradleys’ ‘ store, and warranted to stand…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
On the trial' evidence was given by the plaintiff, tending to prove that dealers in oil sometimes understand, that the kind of oil specified in the written contract means winter strained sperm lamp oil, and that sometimes the term winter strained lamp oil means either whale or sperm oil. In this state of the case parol evidence was offered, to show how the parties understood the term “ winter strained lamp oil,” as used in this contract; and the first question to be disposed of relates to the admissibility of such evidence. It is claimed in…
2Cited by14 opinions
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- D. M. Osborne & Co. v. StringhamSouth Dakota Supreme Court · 1890
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
- Brown v. MarklandUtah Supreme Court · 1898
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