King v. Woodbridge
Supreme Court of Vermont
Assumpsit upon a contract that, in consideration of fifty dollars paid by the plaintiff io the defendant at the time of making the contract, the plaintiff delivered to the defendant, who was the managing trustee of the Rutland & Washington Railroad, and as such a common carrier, at Poultney, a certain number of sheep, on the 11th of May, 1857, which the defendant agreed to transport and deliver to the plaintiff at Troy, New York, .the next day, by fifty minutes past four…
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Assumpsit upon a contract that, in consideration of fifty dollars paid by the plaintiff io the defendant at the time of making the contract, the plaintiff delivered to the defendant, who was the managing trustee of the Rutland & Washington Railroad, and as such a common carrier, at Poultney, a certain number of sheep, on the 11th of May, 1857, which the defendant agreed to transport and deliver to the plaintiff at Troy, New York, .the next day, by fifty minutes past four o’clock P. M., or in season for the plaintiff to get them oti board a certain boat that left Troy the evening of the 12th…
1Opinion of the CourtPeck, J.
It is conceded that if the paper delivered by Jos* lin to the plaintiff was so delivered by the defendant and accepted by the plaintiff as to give it efficiency to the extent of its provisions or as a contract, it would exclude the parol evidence and defeat the plaintiff in his action, and the court in effect so told the jury.
The defendant claimed that it was the written contract of the parties, and that it excluded the parol evidence. The plaintiff denied its existence as a contract, and insisted on the right to prove the contract by parol evidence.
The defendant, having objected to the parol…
2Cited by19 opinions
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- The Arctic BirdDistrict Court, N.D. California · 1901
- Texas P. R'y Co. v. NicholsonTexas Supreme Court · 1884
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
- Davis & Gay v. Central Vermont RailroadSupreme Court of Vermont · 1893
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