Daggett & Graves v. Johnson
Supreme Court of Vermont
General Assumpsit for the price of a quantity of milk-pans, appealed from the judgment of a justice of the peace, and tried by the court, at the December Term, 1876, Pierpoint, O. J., presiding. The plaintiffs introduced in evidence, and sought to recover upon, a written contract of the following tenor: Shrewsbury, Vt., April 10,1875. Messrs.
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General Assumpsit for the price of a quantity of milk-pans, appealed from the judgment of a justice of the peace, and tried by the court, at the December Term, 1876, Pierpoint, O. J., presiding. The plaintiffs introduced in evidence, and sought to recover upon, a written contract of the following tenor: Shrewsbury, Vt., April 10,1875. Messrs. Daggett & Graves: You will please send me on the 20th day of April, one set of Jewett’s Patent Milk-Pans, for 15 cows (capacity 30 U. S. gallons), for which I agree to pay you as follows: $80, if satisfied with the pans. 1 will pay you the first of July,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is general assumpsit to recover the price of a quantity of milk-pans. In this form of action, there must have been an absolute and completed sale. The contract was negotiated by Mrs. Gibson, agent of the plaintiffs, and reduced to writing, and signed by defendant. The contract is in these words:
Shrewsbury, April 10, 1875.
Messrs. Daggett & Graves : — You will please send me on the 20th day of April,, one set of Jewett’s Patent Milk-Pans for 15 cows (capacity 30 U. S. gallons), for which I agree to pay you as follows: |80, if…
2Cases cited1 opinion
- Hartford Sorghum Manufacturing Co. v. BrushSupreme Court of Vermont · 1871
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- Campbell Printing-Press Co. v. ThorpU.S. Circuit Court for the District of Eastern Michigan · 1888
- Worthington v. BeemanCourt of Appeals for the Seventh Circuit · 1899
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