Anderson v. Nichols
Supreme Court of Vermont
Action ok Contract by eight plaintiffs jointly for.breach of special contract. Heard on defendant’s demurrer to the declaration at the March Term, 1918, Orleans County, Slack, J., presiding. The demurrer was sustained, the declaration adjudged insufficient, and judgment for the defendant. The plaintiffs excepted.
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Action ok Contract by eight plaintiffs jointly for.breach of special contract. Heard on defendant’s demurrer to the declaration at the March Term, 1918, Orleans County, Slack, J., presiding. The demurrer was sustained, the declaration adjudged insufficient, and judgment for the defendant. The plaintiffs excepted. The declaration, in' substance, alleges that on October 5, 1915, the defendant owned and maintained an electric light and power transmission line and the plaintiffs were the owners of certain farms in the towns of Glover and Albany and desired the defendant to extend his electric…
1Opinion of the CourtPowers, J.
If you contract with two or more jointly, and their interests are several only, your engagement, in the absence of controlling language, will be taken to be several, and each promisee should sue separately for his damages. Note, 1 Saund. 154; Beckwith v. Talbot, 95 U. S. 289, 24 L. ed. 496; Emmuleth v. Home Benefit Assn., 122 N. Y. 130, 25 N. E. 234, 9 L. R. A. 704. This rule of the common law was, at an early day, approved and adopted as the law of this jurisdiction. In Geer v. School District, 6 Vt. 76, Judge Mattocks says, in effect, that in all actions on contracts suit must be brought in…
2Cases cited6 opinions
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Emmeluth v. . H.B. AssociationNew York Court of Appeals · 1890
- L. L. Satler Lumber Co. v. ExlerSupreme Court of Pennsylvania · 1913
- Geer v. 10th School DistrictSupreme Court of Vermont · 1834
- Reynolds v. BeanSupreme Court of Vermont · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Illinois Fuel Co. v. Mobile & Ohio RailroadSupreme Court of Missouri · 1928
- Ireland v. CraggsCourt of Appeals for the Fifth Circuit · 1932
- Berkley v. Burlington Cadillac Co. Inc.Supreme Court of Vermont · 1923
- Glass v. Newport Clothing Co.Supreme Court of Vermont · 1939
- Shurtleff v. UdallSupreme Court of Vermont · 1923