Sprague v. Train
Supreme Court of Vermont
Assumpsit. The case was referred and the referee reported as follows : “It appears that on the 10th day of November 1858, tbe plaintiff called on tbe defendant for the purpose of buying the defendant’s cheese. The cheese was examined and about seventy in number of them, estimated by the parties to weigh four thousand pounds, were regarded by them fit for market.
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Assumpsit. The case was referred and the referee reported as follows : “It appears that on the 10th day of November 1858, tbe plaintiff called on tbe defendant for the purpose of buying the defendant’s cheese. The cheese was examined and about seventy in number of them, estimated by the parties to weigh four thousand pounds, were regarded by them fit for market. The defendant offered to sell the cheese to the plaintiff for 8 1-2 cents per pound and deliver the same at the railroad depot, either at Granville, in the state of New York, or at Danby, as tbe plaintiff desired. The cheese was to be…
1Opinion of the CourtPeck, J.
This is an action of assumpsit in which the plaintiff claims to recover upon a special contract by which the defendant sold to the plaintiff, as is alleged, a quantity of cheese, about four thousand pounds, and claiming as a breach the nondelivery of the cheese. The declaration also contains the common count for money had and received. The case having been tried in the county court on the report of the refereee who reported the facts and submitted the question of the legal liability of the defendant to the court, the county court rendered judgment for the defendant and the plaintiff excepted…
2Cases cited1 opinion
- Barber v. HallSupreme Court of Vermont · 1853
3Cited by2 opinions
- Northeastern Nash Auto. Co., Inc. v. BartlettSupreme Court of Vermont · 1927
- Cleveland v. I. L. Pearl & Co.Supreme Court of Vermont · 1890