Merrill v. Everett
Supreme Court of Connecticut
General Assumpsit;.brought to the Court of Common Pleas in New Haven County, and tried to the court on the general issue with notice. The court found the facts, and rendered judgment for the defendants, and the plaintiff moved for a new trial.
1Opinion of the CourtButler, C. J.
The plaintiff seeks to recover, in this action of indebitatus assumpsit, the price of certain lumber furnished the defendants and described in his bill of particulars.
The defendants pleaded the general issue, with notice that they should offer evidence to prove that the plaintiff made a contract with them to deliver them a certain quantity of lath at a certain price, that he did deliver a portion of the lath, that he refused to deliver the balance, and, lath having risen in value, that they were damaged by the non-delivery in a sum greater than the amount due the plaintiff for lumber, which *42da…
2Cases cited8 opinions
- Kane v. SangerNew York Supreme Court · 1817
- Mahaiwe Bank v. DouglassSupreme Court of Connecticut · 1862
- Chamberlain v. GorhamNew York Supreme Court · 1822
- Shepard v. MerrillNew York Supreme Court · 1816
- Bulkeley v. WelchSupreme Court of Connecticut · 1863
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lawton v. RickettsSupreme Court of Alabama · 1893
- Guile v. BrownSupreme Court of Connecticut · 1871