Mixer v. Williams
Supreme Court of Vermont
Assumpsit. The plaintiffs alleged, in the first count in .their declaration,-that the defendant, on the 30tb day of June, 1841, requested the plaintiffs to contract for him for the sale of a large quantity of starch, to be delivered by him at Lowell, Massachusetts, to wit, thirty tons per year for two years from the first of October, 1841, to be delivered by him in quantities of not less than six nor more than eight tons per month, to be paid for at the rate of four cents…
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Assumpsit. The plaintiffs alleged, in the first count in .their declaration,-that the defendant, on the 30tb day of June, 1841, requested the plaintiffs to contract for him for the sale of a large quantity of starch, to be delivered by him at Lowell, Massachusetts, to wit, thirty tons per year for two years from the first of October, 1841, to be delivered by him in quantities of not less than six nor more than eight tons per month, to be paid for at the rate of four cents per pound, as the same should be delivered; that the defendant, in consideration that the plaintiffs would so contract,…
1Opinion of the Court
The opinion of the court was delivered by
Hebjsrd, J.
The defendant, in argument, has started a preliminary question, that, as this was an entire contract, the plaintiffs could not sustain this action, until the time for fulfilling the contract had expired. That principle of law is correct, when correctly applied. This was an entire contract, but was divisible into parts, and was like a contract for the payment of money by instalments; and so the right of action accrues, whenever there is an instalment due, and admits of successive actions for each hr each, or failure, to perform the contract.
Th…
2Cited by4 opinions
- Sullivan v. Lochearn, Inc.Supreme Court of Vermont · 1983
- Davis v. Bowers Granite Co.Supreme Court of Vermont · 1903
- Mortimer v. HannahMississippi Supreme Court · 1903
- Pakas v. HollingsheadAppellate Division of the Supreme Court of the State of New York · 1904