Knapp v. Levanway
Supreme Court of Vermont
Contract. Trustee process. Account. Before the auditor, the plaintiff presented an account arising out of a contract between him and the defendant, in reference to which the auditor reported, that Adams, Wood & Co. contracted with the Rutland & Burlington Railroad Company, to construct a portion of the railroad of said corporation, including in said work, the arch culvert on section twelve of said railroad, situated in the town of Mount Holly.
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Contract. Trustee process. Account. Before the auditor, the plaintiff presented an account arising out of a contract between him and the defendant, in reference to which the auditor reported, that Adams, Wood & Co. contracted with the Rutland & Burlington Railroad Company, to construct a portion of the railroad of said corporation, including in said work, the arch culvert on section twelve of said railroad, situated in the town of Mount Holly. By the terms of said contract twenty per cent of the amount of the payments to be made for work under said contract was payable in the stock of said…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
Adams, Wood & Co., underlet to the defendant a part of the work contemplated in their contract with the railroad company at the same rates, amount and terms of compensation as the railroad company were to pay them. After this the defendant and one C. C. Knapp, entered into a written contract, under date of the 9th May, 1849, the substance of which was, that they were to do the arch and bridge masonry for the culvert on section twelve for the prices which the company had agreed to pay Adams, Wood & Co., and the profit and loss to be equally…
2Cases cited1 opinion
- George Worthington, Jr., & Co. v. JonesSupreme Court of Vermont · 1851
3Cited by2 opinions
- Towne v. LeachSupreme Court of Vermont · 1860
- Lamson v. BradleySupreme Court of Vermont · 1869