Drew v. Goodhue
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Heard on a referee’s report at the October Term, 1901, Essex County, Taft, C. J., presiding. Judgment for the plaintiffs for the larger sum named in the report. The defendant excepted. The case is prematurely brought. The cases Dyer v. Jones, 8 Vt. 205, and Kelley & Bragg v. Bradford, 33 Vt. 35, relied upon by plaintiffs, only allow recovery in a proper case on a quanttm meruit.
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Assumpsit. Plea, the general issue. Heard on a referee’s report at the October Term, 1901, Essex County, Taft, C. J., presiding. Judgment for the plaintiffs for the larger sum named in the report. The defendant excepted. The case is prematurely brought. The cases Dyer v. Jones, 8 Vt. 205, and Kelley & Bragg v. Bradford, 33 Vt. 35, relied upon by plaintiffs, only allow recovery in a proper case on a quanttm meruit. These cases do not apply here, as the plaintiffs here have neither completed or abandoned the contract, and seek to recover under it. The defendant was entitled to notice of the…
1Opinion of the CourtStafford, J.
The plaintiffs were bound to haul for the defendants all the pulp wood that should be cut upon a designated tract, and were to be paid therefor eighty-five cents per cord, of which twenty-five cents per cord was to be kept back until the completion of the contract. The whole number of cords cut was 8,345. By the first of April, at the end of the sledding season, the plaintiffs considered their contract substantially completed, and it was literally completed except for scattering blocks that had been covered by the snow or had been otherwise overlooked. On the second of June they brought this…
2Cases cited4 opinions
- Woodward v. . FullerNew York Court of Appeals · 1880
- Phillip v. . GallantNew York Court of Appeals · 1875
- Lamphere v. CowenSupreme Court of Vermont · 1869
- Hill v. HoveySupreme Court of Vermont · 1853
3Cited by8 opinions
- Pacific-Wyoming Oil Co. v. Carter Oil Co.Wyoming Supreme Court · 1924
- Fossume v. . RequaNew York Court of Appeals · 1916
- Taylor v. EwingWashington Supreme Court · 1913
- Viles v. Barre & Montpelier Traction & Power Co.Supreme Court of Vermont · 1906
- Idaho Grimm Alfalfa Seed Growers' Ass'n v. StroscheinIdaho Supreme Court · 1926
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