Agel & Levin v. F. R. Patch Mfg. Co.
Supreme Court of Vermont
General Assumpsit to recover a balance claimed to be due on a car of scrap iron. Pleas, the general issue, payment, and accord and satisfaction. Trial by court in the City Court of the city of Burlington. Hawkins, Judge. Judgment for the defendant. The plaintiff excepted.
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General Assumpsit to recover a balance claimed to be due on a car of scrap iron. Pleas, the general issue, payment, and accord and satisfaction. Trial by court in the City Court of the city of Burlington. Hawkins, Judge. Judgment for the defendant. The plaintiff excepted. The exceptions state that, “the evidence in the case showed that the iron was shipped by the plaintiffs on the 3rd day of July, 1903, and arrived in Rutland on the 13th day of July 1903, and there is no dispute on this point.” The court found that the modification in question was made on the 13th day of July 1903, and prior…
1Opinion of the CourtRowBll, C. J.
The case is this, as far as necessary to1 be stated: The plaintiffs, by correspondence, sold to the defendant a car of scrap iron at $18.00 per net ton delivered at Rutland. After shipment but before delivery the defendant *15refused to take the iron at $18.00 per net ton, whereupon the parties verbally altered the contract by fixing the price at $18.00 per gross ton, and thereupon the defendant took the iron and paid for it at the latter price. The plaintiffs now -claim that the alteration was without consideration and void, .and seek to- recover in general assumpsit the difference between the…
2Cases cited3 opinions
- Rogers v. Rogers & BrotherMassachusetts Supreme Judicial Court · 1885
- Allen v. CrofootNew York Supreme Court · 1827
- Lawrence v. DaveySupreme Court of Vermont · 1856
3Cited by7 opinions
- Linz v. SchuckCourt of Appeals of Maryland · 1907
- In Re the Estate of DelliganSupreme Court of Vermont · 1940
- Powers v. Rutland RailroadSupreme Court of Vermont · 1914
- Savage v. North Anson Manufacturing Co.Supreme Judicial Court of Maine · 1924
- Beattie v. Gay's Express, Inc.Supreme Court of Vermont · 1941
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