Faulkner v. Hebard
Supreme Court of Vermont
Assumpsit, on a special contract which will appear in the statement of the case. Plea, the general issue, and trial by jury.
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Assumpsit, on a special contract which will appear in the statement of the case. Plea, the general issue, and trial by jury. On the trial the plaintiff offered in evidence, the contract declared on, of which the following is a copy: “ In consideration of thirty-six shares in the Vermont Central “ Railroad Co. to be delivered to me by D. F. Faulkner on or be- “ fore the first day of July next, I do hereby agree to sell to the' “ said D. F. Faulkner, my twelve shares in the East Bethel Fae- “ tory, together with all my interest in the old machinery, &c. be- “ longing to said mill. “ I also…
1Opinion of the Court
The opinion of the court was delivered by
Red field, Ch. J.
I. We have spent no time upon the question of variances between the declaration, and the contract, since the defendant’s counsel admit, that o'ne of the counts in the declaration is unobjectionable on that ground, and more perhaps, if the contract is construed to contain mutual promises, which is the next point made. If one count is good in this respect it is sufficient.
II. We think the contract is somethingmore than what is termed a mere refusal of the property by defendant, leaving it optional with plaintiff, whether he will take the…
2Cases cited1 opinion
- Ketchum v. CatlinSupreme Court of Vermont · 1849
3Cited by6 opinions
- Weaver v. BurrWest Virginia Supreme Court · 1888
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
- Varnum v. Town of HighgateSupreme Court of Vermont · 1892
- Kirby-Carpenter Co. v. BurnettCourt of Appeals for the Fifth Circuit · 1906
- Currie v. . WhiteNew York Court of Appeals · 1871
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