Curtis v. Watson & Voodry
Supreme Court of Vermont
Assumpsit. Heard upon demurrer to the declaration at the June term, 1891, Taft, J., presiding. Demurrer overruled. The defendants except.
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Assumpsit. Heard upon demurrer to the declaration at the June term, 1891, Taft, J., presiding. Demurrer overruled. The defendants except. The declaration was as follows : “ On the' 7th day of January, A. D., 1890, at Hardwick in the county of Caledonia, the defendants represented to the plaintiff that they owned a majority of the stock in a certain corporation known as the Woodbury Granite Company, and were authorized by the other stockholders to enter into a contract for the sale of the property of said corporation to the plaintiff ; and in consideration, of the premises, and that the…
1Opinion of the Court
*538The opinion of the court was delivered by
MUNSON, J.
The agreement which the plaintiff.'su'es upon is signed by the defendants, but is for the sale of the'property of a corporation in which they were stockholders. The defendants insist that it appears from the declaration that in executing this agreement they were acting for the corporation and that this was known to the plaintiff.
The defendants could contract to convey at a future date property of which they were not then the owners. So tile fact that the property to which the agreement related was the'property of the corporation was not in…
2Cited by2 opinions
- Demers v. City of MontpelierSupreme Court of Vermont · 1958
- Douglas v. O'CONNELLSupreme Court of Vermont · 1981