Bradley v. Phillips
Supreme Court of Vermont
General Assumpsit. Plea, general issue, and trial by jury, June Term, 1879, Dunton, J., presiding. The plaintiff introduced in evidence deeds to himself, dated 1870 and 1871, of a tract of wild land in Sunderland, and testified that in the winter of 1875-6 his workmen, being then engaged in cutting timber thereon, cut, as he believed, about five hundred spruce logs, on the adjoining land of the defendant, lying-south of the plaintiff’s south line, which was identical with…
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General Assumpsit. Plea, general issue, and trial by jury, June Term, 1879, Dunton, J., presiding. The plaintiff introduced in evidence deeds to himself, dated 1870 and 1871, of a tract of wild land in Sunderland, and testified that in the winter of 1875-6 his workmen, being then engaged in cutting timber thereon, cut, as he believed, about five hundred spruce logs, on the adjoining land of the defendant, lying-south of the plaintiff’s south line, which was identical with the line of the ninth range of lots in said town ; that in the following spring, the defendant threatened to bring an…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The declaration in this case was sufficient. The question was not one of title, but purely of contract. The parties to the suit owned adjoining lands. They complained to each other of respective trespasses, by cutting over the division line, each upon the land of the other. Under these circumstances they each agreed to pay the other at a stipulated rate for the logs they had so cut upon each other’s land. The plaintiff performed the agreement on his part, and sued the defendant in general assumpsit for the amount which the latter had agreed…
2Cases cited2 opinions
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Mattocks v. Lyman & ColeSupreme Court of Vermont · 1844
3Cited by6 opinions
- Chaffee v. Rutland RailroadSupreme Court of Vermont · 1882
- Goslant v. Town of CalaisSupreme Court of Vermont · 1916
- Wertheim v. Fidelity & Casualty Co.Supreme Court of Vermont · 1900
- Parker v. ClemonsSupreme Court of Vermont · 1908
- Fuller Co. v. Morrison and Tr.Supreme Court of Vermont · 1933
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