French v. Robrchard
Supreme Court of Vermont
[In Chancery.] Appeal from the Court of Chancery. The bill alleged that in 1873, George T. Wiswell, as agent of the orator, made a contract with P. T. Robrchard by which the latter was to scatter a quantity of railroad ties along the route of the Montpelier & Wells River Railroad, from the Lake House to the Summit, for the sum of $541.20 ; that said Robrchard afterwards sub-let the whole of said contract to Charles Seveney, one Ober, since deceased, and another person whose…
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[In Chancery.] Appeal from the Court of Chancery. The bill alleged that in 1873, George T. Wiswell, as agent of the orator, made a contract with P. T. Robrchard by which the latter was to scatter a quantity of railroad ties along the route of the Montpelier & Wells River Railroad, from the Lake House to the Summit, for the sum of $541.20 ; that said Robrchard afterwards sub-let the whole of said contract to Charles Seveney, one Ober, since deceased, and another person whose name was to the orator unknown, but whom the bill prayed might be made a party; that before said Seveney and his…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The judgment at law has definitively settled that the orator is indebted to defendant Robrchard, or his assignees Clark and Buchanan, in the sum of $541.20, and that he is not entitled to offset or have allowed in reduction of that sum the $121 which he claims to have paid Mrs. Ober, nor any sum which he may have agreed to pay Seveney, Ober and another for scattering the ties. All these matters were litigated in the suit at law. The orator alleges that he agreed to pay Seveney, Ober, and the other unknown man, for scattering ties, with the…
2Cases cited1 opinion
- Holmes v. ClarkSupreme Court of Vermont · 1873
3Cited by5 opinions
- Austin v. MarchSupreme Court of Minnesota · 1902
- Love v. Hartford Life InsuranceMissouri Court of Appeals · 1910
- State v. RogersSupreme Court of Vermont · 1963
- City of Montpelier v. Capital Savings BankSupreme Court of Vermont · 1903
- Lackmann v. KlauenbergCalifornia Court of Appeal · 1906