Gilson v. Bingham
Supreme Court of Vermont
Assumpsit upon an agreement by defendant to make and deliver a hearse to plaintiffs. Plea the general issue with notice. Trial by jury at the September term, 1870, Wheeler, J., presiding. The plaintiffs’ evidence tended to show that in April, 1865, they contracted with the defendant to make, at St. Albans, and send a hearse to the plaintiffs at Rutland, of a specified style of make and quality of material and finish, for two hundred and ten dollars.
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Assumpsit upon an agreement by defendant to make and deliver a hearse to plaintiffs. Plea the general issue with notice. Trial by jury at the September term, 1870, Wheeler, J., presiding. The plaintiffs’ evidence tended to show that in April, 1865, they contracted with the defendant to make, at St. Albans, and send a hearse to the plaintiffs at Rutland, of a specified style of make and quality of material and finish, for two hundred and ten dollars. That defendant made and sent a hearse to plaintiffs which was not according to the contract. That several letters passed between the parties…
1Opinion of the Court
' The opinion of the court was delivered by
Redfield, J.
This action is assumpsit for the non-delivery of a hearse, according to special contract. The plaintiffs contracted with defendant to manufacture and deliver at Rutland, to plaintiffs, the hearse of specific description, for the price of $210. The hearse was made and delivered to plaintiffs at Rutland, as defendant claims, fully according to the terms of the contract. The plaintiffs claim that in some things it was not fully up to what' the contract required. When the plaintiffs received the hearse they wrote defendant, saying that they…
2Cases cited3 opinions
- Kellogg v. DenslowSupreme Court of Connecticut · 1841
- Carver v. AdamsSupreme Court of Vermont · 1866
- Gale v. CooperSupreme Court of Vermont · 1839
3Cited by6 opinions
- Hale Bros. v. MillikenCalifornia Supreme Court · 1904
- Ruocco v. LogioccoSupreme Court of Connecticut · 1926
- Davenport v. HubbardSupreme Court of Vermont · 1873
- Dennis v. StoughtonSupreme Court of Vermont · 1883
- Pennock v. StyglesSupreme Court of Vermont · 1881
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