Lawrence v. Dole
Supreme Court of Vermont
This was an action of covenant broken, brought upon an indenture, made by and between the plaintiff and defendant, on the 23d day of February, 1838, wherein the plaintiff covenanted, that he would “ convey to the said Samuel, by a deed of conveyance, a tract of land in Plainfield,” &c., if the defendant would pay to the plaintiff, $650,00, on or before the first day of March, 1838, and if the plaintiff should neglect so to convey the land, as aforesaid, he would pay the…
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This was an action of covenant broken, brought upon an indenture, made by and between the plaintiff and defendant, on the 23d day of February, 1838, wherein the plaintiff covenanted, that he would “ convey to the said Samuel, by a deed of conveyance, a tract of land in Plainfield,” &c., if the defendant would pay to the plaintiff, $650,00, on or before the first day of March, 1838, and if the plaintiff should neglect so to convey the land, as aforesaid, he would pay the defendant one hundred dollars; and the defendant, on his''-' part, covenanted, that he would take such conveyance of the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
In this case the court have found no difficulty with the preliminary question made, in regard to the defendant’s right to give notice of special matter, under the plea of non est factum. The words of the statute are, “That the general issue of not guilty, nil debet, or any other gener*552aj p]ea pr0per to the action, whereby the whole declaration is put upon proof, according to the nature of the case, may be made by the defendant, under which general plea the defendant shall have leave to give any special matter in evidence, &c., the defendant…
2Cases cited5 opinions
- Parker v. ParmeleNew York Supreme Court · 1822
- Jones v. GardnerNew York Supreme Court · 1813
- Judson v. WassNew York Supreme Court · 1814
- Aiken v. SanfordMassachusetts Supreme Judicial Court · 1809
- Throop v. CheesemanNew York Supreme Court · 1819
3Cited by19 opinions
- Stees v. LeonardSupreme Court of Minnesota · 1874
- Austin v. LangloisSupreme Court of Vermont · 1908
- Dana v. HancockSupreme Court of Vermont · 1858
- Hill v. SmithSupreme Court of Vermont · 1861
- Hunt v. AllenSupreme Court of Vermont · 1901
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