Thompson v. Prouty
Supreme Court of Vermont
Contract. Assumpsit, upon a contract in writing, made by the defendant at Jericho, May 11, 1850, in the following words: “ Know all men by these presents, that I, Nehemiah Prouty of “ Jericho, County of Chittenden and State of Vermont, for, and in “ consideration of the sum of five hundred dollars, paid to me by “ Orley Thompson of said Jericho, the receipt whereof I do hereby “ acknowledge, have agreed and solemnly promised, and do agree “ and solemnly promise, to make an…
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Contract. Assumpsit, upon a contract in writing, made by the defendant at Jericho, May 11, 1850, in the following words: “ Know all men by these presents, that I, Nehemiah Prouty of “ Jericho, County of Chittenden and State of Vermont, for, and in “ consideration of the sum of five hundred dollars, paid to me by “ Orley Thompson of said Jericho, the receipt whereof I do hereby “ acknowledge, have agreed and solemnly promised, and do agree “ and solemnly promise, to make an expedition to California — the “providence of God not preventing — and there laboring, if health “ permits, the remainder…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
TMs is an action of assumpsit on a special contract, evidenced in writing. Its provisions are somewhat peculiar, and the contract itself may be referred to. I, for one, should have had some doubt whether, by a fair construction of the contract, the five hundred dollars was not to have made a part of the common fund; but the defendant having given a different iiractical construction to it, we are disposed to adopt Ms in that particular.
The decision of the county court in relation to the termination *17of tlie contract, was very clearly correct;…
2Cited by3 opinions
- White & Hammond v. AmsdenSupreme Court of Vermont · 1893
- Vermont Shade Roller Co. v. Burlington Traction Co.Supreme Court of Vermont · 1930
- Wakefield v. Champlain Marine Co.Supreme Court of Vermont · 1940