Phelps v. Hubbard
Supreme Court of Vermont
General Assumpsit. The case was referred, and the referee reported the following facts. In March, 1878, the plaintiff, who resided in Westminster, agreed with the defendant, who resided in Hatfield, Massachusetts, to sell him certain tobacco in three lots, at twelve, twenty, and twenty-five cents per pound ; and the defendant came to the plaintiff’s, where the tobacco was, and he and the plaintiff packed the tobacco of the twenty cent and the twenty-five cent lots in boxes,…
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General Assumpsit. The case was referred, and the referee reported the following facts. In March, 1878, the plaintiff, who resided in Westminster, agreed with the defendant, who resided in Hatfield, Massachusetts, to sell him certain tobacco in three lots, at twelve, twenty, and twenty-five cents per pound ; and the defendant came to the plaintiff’s, where the tobacco was, and he and the plaintiff packed the tobacco of the twenty cent and the twenty-five cent lots in boxes, and weighed it. The defendant then instructed the plaintiff to pack that of the twelve cent lot, of which there were…
1Opinion of the Court
The opinion of the court was delivered by
Dunton, J.
We do not see how the plaintiff’s right to recover the balance due for the two lots of tobacco forwarded to the defendant by railroad and received by him, can be questioned, upon the finding of the referee that the plaintiff had performed the •contract upon his part as to all the- tobacco in question.
The referee finds that the third lot of tobacco was packed according to the directions of the defendant, and ready for delivery upon the premises, where it was agreed that the same should be delivered to the defendant; but that the defendant…
2Cases cited4 opinions
- Waterman v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1858
- Boyd v. BartlettSupreme Court of Vermont · 1863
- Haskins v. FerrisSupreme Court of Vermont · 1851
- Jones v. MarshSupreme Court of Vermont · 1850
3Cited by5 opinions
- Walter Bros. v. Reed & GerardNebraska Supreme Court · 1892
- Gordon's Admr. v. HotchkissSupreme Court of Vermont · 1909
- Boss v. HamiltonSupreme Court of Vermont · 1921
- Creelman Lumber Co. v. DeLisleMissouri Court of Appeals · 1904
- Kendall v. YoungAppellate Court of Illinois · 1891