Rider v. Roberts
Supreme Court of Vermont
Covenant. The plaintiff declared upon the following agreement : “ articles or agreement indented, made and agreed upon this 17th day of July, in the year of our Uord one thousand eight hundred and fifty-six, between Kelley & Roberts, of Derby, in the county of' Orleans and State of Vermont, on the one part, andS.
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Covenant. The plaintiff declared upon the following agreement : “ articles or agreement indented, made and agreed upon this 17th day of July, in the year of our Uord one thousand eight hundred and fifty-six, between Kelley & Roberts, of Derby, in the county of' Orleans and State of Vermont, on the one part, andS. B. Rider, of Newport, in the county of Orleans and State of Vermont, Yeoman, on the other part as follows, viz: — The said S. B. Rider, in consideration of the covenants and agreements hereafter mentioned, to be performed on the part of the said Kelly & Roberts, does on his part…
1Opinion of the CourtAuras, J.
The plaintiff states in his declaration that “he offered to deliver and tendered to the defendants ” the hops contracted for, but that “ the defendants did not nor would receive *272Said hops, nor pay for them, but on the contrary neglected ahd refused and still neglect and refuse to receive or pay for the same.” The case states that the defendants refused to receive the hops at their store (the place of delivery,) and they were taken by the plaintiff to a storehouse in the neighborhood of the defendant’s store, and there left for the defendants, and the defendants were notified that the hops…
2Cases cited3 opinions
- Comfort v. KierstedNew York Supreme Court · 1857
- Hale v. HuntleySupreme Court of Vermont · 1849
- Jones v. MarshSupreme Court of Vermont · 1850
3Cited by4 opinions
- Sempel v. Northern Hardwood Lumber Co.Supreme Court of Iowa · 1909
- Carpenter v. BrainerdSupreme Court of Vermont · 1864
- Hodges v. FoxSupreme Court of Vermont · 1863
- McKenney v. HainesSupreme Judicial Court of Maine · 1873