Hale v. Jones
Supreme Court of Vermont
General Assumpsit. Pleas, the general issue, and a special plea in bar. Trial by the court, April Term, 1875, Royce, J'., presiding.
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General Assumpsit. Pleas, the general issue, and a special plea in bar. Trial by the court, April Term, 1875, Royce, J'., presiding. It appeared that plaintiffs contracted in writing with defendant, in the fall of 1872, to do all the carpenter and joiner work for defendant on a certain building in St. Albans, for $1000; to complete the same by a certain time; and to have pay therefor, $700 in monthly instalments as the work progressed, and the balance by “ promissory note approved by said Hale & Fish, to be made payable one year from May 1, 1873.” It further appeared that the plaintiffs, at…
1Opinion of the Court
*229The opinion of the court was delivered by
Pierpoint, Ch. J.
The principal question involved in this case is, whether the action of general assumpsit can be maintained upon the facts shown in the bill of exceptions. It is objected on the part of the defendant, that the sum of $300, part of the contract price for the labor to be performed by the plaintiffs, was to be paid by a note due in one year from May 1, 1873; that this suit was commenced before the expiration of such time, and that less than $300 then remained unpaid.
In one part of the exceptions it is said that part of the contract price…
2Cases cited1 opinion
- Rice v. AndrewsSupreme Court of Vermont · 1860
3Cited by2 opinions
- Wheeler v. HarrahOregon Supreme Court · 1886
- Foster v. AdamsSupreme Court of Vermont · 1888