New England Granite Works v. Bailey
Supreme Court of Vermont
Assumpsit in the common counts. Pleas, non assumpsit and several special defenses. Trial by court at the March Term, 1896, Washington County, Ross, C. J., presiding. Upon the facts found, which are substantially stated in the opinion, judgment was rendered for the defendant. The parol evidence was improperly admitted.
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Assumpsit in the common counts. Pleas, non assumpsit and several special defenses. Trial by court at the March Term, 1896, Washington County, Ross, C. J., presiding. Upon the facts found, which are substantially stated in the opinion, judgment was rendered for the defendant. The parol evidence was improperly admitted. Daggett v. Johnson, 49 Vt. 345; Smith v. Jeffryes, 15 M. & W. 561; Herrick v. Noble, 27 Vt. 1; Taylor v. Sayre, 24 (N. J. L.) 647; DeWitt v. Berry, 134 U. S. 312. When words are used in a written contract which have a technical meaning, parol evidence is admissible to show what…
1Opinion of the CourtThompson, J.
The plaintiff seeks to recover for a balance alleged to be due it for a monument erected on the defendant’s lot in Montpelier cemetery. By the terms of the contract which was in writing, the monument was to be of “white Westerly granite.” The monument erected was of a reddish or chocolate tinge in color. The defendant refused to accept the monument on account of its color, claiming' that it must be of a whiter shade to fulfil the contract in respect to color.
The county court found that there are different varieties of Westerly granite known among dealers as “white Westerly granite,” none of…
2Cases cited1 opinion
- Hart v. HammettSupreme Court of Vermont · 1846
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