Clark v. Clement
Supreme Court of Vermont
Trover. Plea, the general issue. Heard on the report of a referee, at the June Term, 1902, Bennington County, Tyler, J. presiding. Pro forma judgment for the defendant. The plaintiff excepted. The contract in question evidences a conditional sale, and the defendant could nlot take possession of the property except as provided by statute.
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Trover. Plea, the general issue. Heard on the report of a referee, at the June Term, 1902, Bennington County, Tyler, J. presiding. Pro forma judgment for the defendant. The plaintiff excepted. The contract in question evidences a conditional sale, and the defendant could nlot take possession of the property except as provided by statute. V. S. 2293; Smith v. Wood 63 Vt. 534; Roberts v. Hunt, 61 Vt. 612. The plaintiff should recover the value of the property and the value of the use of the same as shown by the report. The contract is an entire one, and must be completed by the plaintiff before…
1Opinion of the CourtStart, J.
The right of action depends upon the construction to be given to the following agreement, which was executed by the parties named therein: “This agreement made this *41919th day of October, 1900, between Caleb J. Clark of the one part and John Clement of the other part, witnesseth, That the said Caleb J. Clark for the consideration hereafter mentioned, promises and agrees to cut and deliver logs at the said John Clement’s mill from lot north of said mill at $2.50 per M. or from other lots as agreed upon hereafter. In consideration whereof the said John Clement hereby agrees to pay toi said Caleb J.…
2Cases cited10 opinions
- Stillwell v. FarewellSupreme Court of Vermont · 1891
- Whitcomb v. WoodworthSupreme Court of Vermont · 1882
- Burdict v. MurraySupreme Court of Vermont · 1830
- Collender Co. v. MarshallSupreme Court of Vermont · 1884
- Roberts v. HuntSupreme Court of Vermont · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
- Reinkey v. Findley Electric Co.Supreme Court of Minnesota · 1920
- Allard v. Ford Motor Credit Co.Supreme Court of Vermont · 1980
- Reed v. RowellSupreme Court of Vermont · 1926
- Kuzemka v. GregorySupreme Court of Connecticut · 1929
4 more not listed; retrieve them via the Exa API.