Barker v. Troy & Rutland Railroad
Supreme Court of Vermont
Contract, performance and construction of. Damages. Stock payments, amount recoverable on refusal of. Reference. Costs. Assumpsit. General counts. By the agreement of the parties, the cause was referred, and the referees reported the following facts in reference to those items of the account which were considered and passed upon by the supreme court.
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Contract, performance and construction of. Damages. Stock payments, amount recoverable on refusal of. Reference. Costs. Assumpsit. General counts. By the agreement of the parties, the cause was referred, and the referees reported the following facts in reference to those items of the account which were considered and passed upon by the supreme court. On the 21st day of May, 1850, the plaintiffs entered into a written contract for the construction of the defendants’ railroad, a copy of which contract the referees annexed to their report. The plaintiffs entered on its performance, and all their…
1Opinion of the Court
*774The opinion of the court was delivered, at the circuit session in September, by
Redfield, Ch. J.
I. One. question, lying at the foundation of the action, is whether a recovery can be had without showing performance, according to the terms of the contract. At common law, and by the law of New York, where this contract was made, and to be performed, the plaintiff cannot recover, upon an entire contract for labor, if he voluntarily abandon the performance, however much he may have done under the contract. Nor can he recover upon the contract, in such case, for part performance, unless hindred from…
2Cases cited2 opinions
- Spaulding v. WarrenSupreme Court of Vermont · 1853
- Thayer v. Vermont Central RailroadSupreme Court of Vermont · 1852
3Cited by14 opinions
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Chaffee v. Rutland RailroadSupreme Court of Vermont · 1882
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
- Vermont Kaolin Corp. v. LyonsSupreme Court of Vermont · 1928
- Kelly & Bragg v. Town of BradfordSupreme Court of Vermont · 1860
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