Anderson v. Davis
Supreme Court of Vermont
This was an action on book, which, after judgment to account, was referred to an auditor, by the County Court. By the auditor’s report, it appeared that the defendant contracted with one Lamb, to erect a certain building, at a certain price. After-wards, Lamb engaged the plaintiff, as his partner, of which the defendant had no notice. Lamb and the plaintiff worked on the building, for a time, when Lamb was taken sick, and the work ceased.
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This was an action on book, which, after judgment to account, was referred to an auditor, by the County Court. By the auditor’s report, it appeared that the defendant contracted with one Lamb, to erect a certain building, at a certain price. After-wards, Lamb engaged the plaintiff, as his partner, of which the defendant had no notice. Lamb and the plaintiff worked on the building, for a time, when Lamb was taken sick, and the work ceased. The plaintiff then called on the defendant, who promised to pay him for the work, by him already done, and the days work he should afterwards do. The…
1Opinion of the Court
The opinion of the Court was delivered by
Collameb, J.
The first question, arising on this report, is this ; can an action be supported by the plaintiff for his labor, done before the defendant’s promise, except by proving that *137promise in writing, and by an action of special assumpsit thereon ? In the case of Harrington v. Rich, 6 Vt. Rep. 666, the Judge, in delivering the opinion, remarks, that it has not been' settled under our statute, as it has in England, that, if in taking the new promise the original debt becomes discharged, the promise is not within the statute of frauds. That is now…
2Cases cited1 opinion
- Harrington v. RichSupreme Court of Vermont · 1831
3Cited by9 opinions
- Fullam v. AdamsSupreme Court of Vermont · 1864
- Underwood v. LovelaceSupreme Court of Alabama · 1878
- Cross v. RichardsonSupreme Court of Vermont · 1858
- Sternburg v. Callanan & InghamSupreme Court of Iowa · 1862
- Cole v. ShurtleffSupreme Court of Vermont · 1868
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