Varnum v. Village of Morrisville
Supreme Court of Vermont
Assumpsit in four counts. Heard at the June Term, 1910, Lamoille County, Butler, J., presiding, on the defendant’s general demurrer to the first three counts in the declaration, and on the plaintiff’s general demurrer to the defendant’s plea to the fourth count.
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Assumpsit in four counts. Heard at the June Term, 1910, Lamoille County, Butler, J., presiding, on the defendant’s general demurrer to the first three counts in the declaration, and on the plaintiff’s general demurrer to the defendant’s plea to the fourth count. The demurrers to the first and third counts of the declaration sustained, and those counts adjudged insufficient; the demurrer to the second count overruled, and that count adjudged sufficient; the plaintiff’s demurrer to defendant’s plea sustained, and the plea adjudged insufficient. Both parties excepted. The opinion states the…
1Opinion of the CourtRowell, C. J.
The plaintiffs are contractors, and as such, on July 2, 1906, contracted with the defendant for the labor, materials, and construction of a concrete masonry dam and steel penstock for the improvement of the defendant’s electric light and power plant, as per a written agreement of that date, signed by both parties, which, and the specifications thereto attached under which the work was to be undertaken and performed, with certain exceptions, are set out in haec verba in the declaration. The only exception important to be noticed here is the one providing that the work should be performed…
2Cases cited6 opinions
- Swain v. SeamansSupreme Court of the United States · 1870
- Smith v. . AlkerNew York Court of Appeals · 1886
- Darling v. ClementSupreme Court of Vermont · 1897
- Powers v. New England Fire InsuranceSupreme Court of Vermont · 1897
- Columbian Granite Co. v. W. C. Townsend & Co.Supreme Court of Vermont · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Home Owners Construction Co. v. Borough of Glen RockSupreme Court of New Jersey · 1961
- Colvocoresses v. W. S. Wasserman Co.Superior Court of Delaware · 1937
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
- Howard National Bank v. Fidelity & Casualty Co.Supreme Court of Vermont · 1923
- White v. HallSupreme Court of Vermont · 1916
3 more not listed; retrieve them via the Exa API.