Hickock v. Hoyt
Supreme Court of Connecticut
Assumpsit,,upon two special counts for breach of a contract to deliver a quantity of blackberry wine, and a count in general assumpsit for money had and received, to recover the sum of §50 paid by the plaintiff on the contract. The case was brought to the superior court for Fairfield county, and tried on the general issue closed to the court, before Hall, I, and the following facts were found by the court.
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Assumpsit,,upon two special counts for breach of a contract to deliver a quantity of blackberry wine, and a count in general assumpsit for money had and received, to recover the sum of §50 paid by the plaintiff on the contract. The case was brought to the superior court for Fairfield county, and tried on the general issue closed to the court, before Hall, I, and the following facts were found by the court. The defendant, at the time of making the contract below stated, was the administratrix on the estate, then in course of settlement, of her late husband, Isaac Hoyt, of which about five…
1Opinion of the CourtCarpenter, J.
This action is brought to recover damages for the non-fulfillment of a contract, entered into on the 16th day of August, 1862, for the sale of a quantity of blackberry wine. In the first count the plaintiff alleges that the wine in question was “to be delivered by the defendant to the plaintiff, on his request, as soon thereafter as the plaintiff could find proper opportunity to sell the same, on notice thereof to her,” &c. This part of the declaration is not sustained by the finding of the court. The contract, as originally made, was silent as to the time of performance. The legal inference…
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