First Congregational Meeting House Society v. Town of Rochester
Supreme Court of Vermont
Assumpsit for one-third the expense of certain repairs upon the plaintiff’s meeting house. Plea, the general issue. Trial by jury at the May term, 1893, Windsor county, Mun-son, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The opinion states the case. Assumpsit would not lie upon the lease, that being an instrument under seal.
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Assumpsit for one-third the expense of certain repairs upon the plaintiff’s meeting house. Plea, the general issue. Trial by jury at the May term, 1893, Windsor county, Mun-son, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The opinion states the case. Assumpsit would not lie upon the lease, that being an instrument under seal. Gould v. Thompson, 4 Met. 227 ; Codman v. Jenkins, 14 Mass. 83 ; Volentine v. Godfrey v 9 Vt. 186, 189; Warren v. Ferdinand, 9 Allen 357; Burnham v. Roberts, 103 Mass. 379. The plaintiff could not recover the expense of rebuilding the…
1Opinion of the CourtRoss, C. J.
I. The defendant’s exceptions as to the admission of the lease in evidence, to the refusal to order a verdict in its favor, and to the refusal to comply with its requests, numbered one to seven inclusive, concentrate in the contention, that, on the proof, the plaintiff did not entitle itself to maintain assumpsit. The first count of the declaration is special assumpsit to recover of the defendant its proportion of certain repairs, as fixed by a written lease, of the plaintiff’s meeting house and grounds, executed March 6, 1849. The lease is defectively executed by the plaintiff, but it was…
2Cases cited4 opinions
- Barker v. Troy & Rutland RailroadSupreme Court of Vermont · 1855
- Johnson v. MuzzySupreme Court of Vermont · 1873
- Sherwin & Salpaugh v. Rut. & Bur. Rail RoadSupreme Court of Vermont · 1852
- Smith v. SmithSupreme Court of Vermont · 1873
3Cited by2 opinions
- Drown v. OderkirkSupreme Court of Vermont · 1915
- Utilities Production Corp. v. Southwestern Natural Gas Co.Superior Court of Delaware · 1940