Blanchard v. Weeks
Supreme Court of Vermont
Case. The declaration alleged that prior to December, 1856, the defendant had been for a long time, to wit, seven years, a resident practicing physician at Mclndoe’s Falls ; that the plaintiff was then a physician and surgeon residing at Peacham ; that in consideration of seven hundred dollars paid by the plaintiff to the defendant, the defendant sold and delivered to the plaintiff one buggy wagon, one gig, one harness, two sleighs, and all the medicines, surgical…
Read the full summary
Case. The declaration alleged that prior to December, 1856, the defendant had been for a long time, to wit, seven years, a resident practicing physician at Mclndoe’s Falls ; that the plaintiff was then a physician and surgeon residing at Peacham ; that in consideration of seven hundred dollars paid by the plaintiff to the defendant, the defendant sold and delivered to the plaintiff one buggy wagon, one gig, one harness, two sleighs, and all the medicines, surgical instruments, medical books and office furniture, then belonging to the defendant, and also promised to “ sell to the plaintiff…
1Opinion of the CourtPierpoint, J.
It is insisted by the defendant that the contract declared on, not being in writing, is within the statute of frauds, as being one not to be performed within a year. The particular branch of the contract on which this action is based, and for the breach of which the suit is brought, is that wherein the defendant stipulates that he w'll “ refrain from the practice of medicine and surgery at Mclndoe’s Falls, while the plaintiff should reside and practice medicine and surgery at said Mclndoe’s Falls, and forever.”
This stipulation in its character is strictly personal, to be per*591formed by tbe…
2Cases cited6 opinions
- Sherman v. Champlain Transportation Co.Supreme Court of Vermont · 1858
- Moore v. FoxNew York Supreme Court · 1813
- Russell v. SladeSupreme Court of Connecticut · 1838
- M'Lees v. Hale & BowenNew York Supreme Court · 1833
- Plimpton v. CurtissNew York Supreme Court · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dyer v. LalorSupreme Court of Vermont · 1920
- Dickey v. DickinsonCourt of Appeals of Kentucky · 1899
- Bonfanti v. AyersSupreme Court of Vermont · 1976
- Eiseman v. SchneiderSupreme Court of New Jersey · 1897
- Webster v. BussSupreme Court of New Hampshire · 1881
1 more not listed; retrieve them via the Exa API.