Gregory v. Tomlinson
Supreme Court of Vermont
Assumpsit. Plea, the general issue with notice of special matter. Trial by jury at the September term, 1895, Chittenden county, Taft, J., presiding, Verdict and judgment for the plaintiff. The defendant excepts. The relation of landlord and tenant existed between the parties. 4 Am. & Eng. Ency. Law 897» and cases cited; Taylor, Land. & Ten. s. 24. In the absence of special agreement the landlord is not bound to make good property destroyed during the term.
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Assumpsit. Plea, the general issue with notice of special matter. Trial by jury at the September term, 1895, Chittenden county, Taft, J., presiding, Verdict and judgment for the plaintiff. The defendant excepts. The relation of landlord and tenant existed between the parties. 4 Am. & Eng. Ency. Law 897» and cases cited; Taylor, Land. & Ten. s. 24. In the absence of special agreement the landlord is not bound to make good property destroyed during the term. Taylor, Land. & Ten. ss. 327, 328, 329; Mumford v. Brown, 6 Cow. 475 ; Withey v. Matthews, 52 N. Y. 512; Morris v. Tillson, 81 111. 607 ;…
1Opinion of the CourtRowell, J.
Defendant let his farm to plaintiff for a year on equal shares, and agreed “to furnish twenty cows, one horse and harness,, all the farming tools, including the dairy utensils.” There were twenty cows on the farm at the time, and these the defendant furnished at the commencement of the term, and they were the’ones that, plaintiff expected to have. Four of them died during the term, and defendant did not furnish others in their steád. Nor did he, as the plaintiff’s testimony tended to show, furnish a horse during the last three months 'of the term, nor at anytime a suitable plow, harrow,…
2Cases cited4 opinions
- Keyes v. Western Vt. Slate Co.Supreme Court of Vermont · 1861
- Bowen v. HallSupreme Court of Vermont · 1848
- Brown v. BurringtonSupreme Court of Vermont · 1863
- Allen v. HookerSupreme Court of Vermont · 1853
3Cited by4 opinions
- Blaisdell & Barron v. DavisSupreme Court of Vermont · 1900
- Limerick National Bank v. AdamsSupreme Court of Vermont · 1897
- Freeguard v. BinghamSupreme Court of Vermont · 1936
- Rutland Sash & Door Co. v. GleasonSupreme Court of Vermont · 1924