Spencer v. Curtiss
Supreme Court of Connecticut
IN ERROR. This was an action of assumpsit, brought originally by Truman Curtiss against Grinnell Spencer. The declaration contained three counts ; one of which only it is necessary to notice here.
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IN ERROR. This was an action of assumpsit, brought originally by Truman Curtiss against Grinnell Spencer. The declaration contained three counts ; one of which only it is necessary to notice here. The third count alleged, that the defendant is indebted to the plaintiff in the sum of 241 dollars, 90 cents, for that on the 27th of September, 1839, in consideration that the plaintiff, at the special instance and request of the defendant, would sell to Alpha Sage, then of Colebrook, a certain quantity of cheese, viz. all the cheese made in the plaintiff’s dairy, that will do to carry off the 20th…
1Opinion of the CourtWaite, J.
The only question submitted to our consideration in this case, is, whether the third count in the declaration is sufficient to entitle the plaintiff to judgment upon it in his favour. And that depends upon the question whether the allegations respecting the contract with Jabez G. Curtiss, and the making and delivery of the writing set out, so vitiate the count as to preclude a recovery ; or, whether those allegations may be rejected as surplusage.
It is averred, that in consideration that the plaintiff would sell and deliver to one Sage a certain quantity of cheese, the defendant promised, if…
2Cases cited2 opinions
- Bacon v. PageSupreme Court of Connecticut · 1815
- Hobart v. FrisbieSupreme Court of Connecticut · 1825
3Cited by1 opinion
- Quimby v. LyonCalifornia Supreme Court · 1883