Buzzell v. Willard
Supreme Court of Vermont
Assumpsit. Plea, the general issue, and trial by jury, December term, 1870, Peck, J., presiding. The plaintiff’s claim was for a water-wheel and putting the same into a saw-mill which it appeared had been owned by the defendant, and which he had, a short time before the alleged contract between the plaintiff and the defendant, conveyed by deod to one Herring, which was then owned by said Herring, and the plaintiff offered evidence tending to prove by parol that when said…
Read the full summary
Assumpsit. Plea, the general issue, and trial by jury, December term, 1870, Peck, J., presiding. The plaintiff’s claim was for a water-wheel and putting the same into a saw-mill which it appeared had been owned by the defendant, and which he had, a short time before the alleged contract between the plaintiff and the defendant, conveyed by deod to one Herring, which was then owned by said Herring, and the plaintiff offered evidence tending to prove by parol that when said Herring purchased the mill in question of the defendant and took his deed, the defendant agreed that if the wheel then in…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The first question presented by the bill of exceptions arises upon the ruling of the court, in permitting the plaintiff to prove by parol that, at the time when Herring purchased the mill of the defendant, he agreed that if the wheel then in the mill was not satisfactory or suitable for the place, he would put one in that was satisfactory or suitable for the place. The defendant objected to the testimony for the reason that the contract for the sale of the mill was in writing, (that is, by deed,) and parol testimony could not bo received to…
2Cited by11 opinions
- Becker v. Lagerquist Bros., Inc.Washington Supreme Court · 1960
- Corley v. VizardSupreme Court of Alabama · 1919
- Green v. BatsonWisconsin Supreme Court · 1888
- Roof, Trustee v. JerdSupreme Court of Vermont · 1929
- Sayre v. MohneyOregon Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.