Whitcomb v. Preston
Supreme Court of Vermont
Assumpsit, upon an award of arbitrators. The plaintiff declared “ in a plea of the case, for that whereas, before the making of the promise of the defendant hereinafter next mentioned, certain differences had arisen and were then depending between the said plaintiff and the said defendant, touching and concerning a quantity of hay and a certain piece of land, a part of the old Cox farm, in Richmond, in the county of Chittenden, and divers suits having then been commenced and…
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Assumpsit, upon an award of arbitrators. The plaintiff declared “ in a plea of the case, for that whereas, before the making of the promise of the defendant hereinafter next mentioned, certain differences had arisen and were then depending between the said plaintiff and the said defendant, touching and concerning a quantity of hay and a certain piece of land, a part of the old Cox farm, in Richmond, in the county of Chittenden, and divers suits having then been commenced and were then pending, relative to said hay, by this defendant against this plaintiff, which said hay, the said plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Williams Ch. J.
This is an action on an award. The defendant has pleaded two several pleas in bar, which are demurred to.
The questions which legitimately arise in this case are few and not difficult.
The first inquiry is, whether the award is bad for uncertainty ? We think it is sufficiently certain. The Cox farm, and the interest which the plaintiff held therein, by the deed of Martin, can be easily ascertained and rendered certain.
The next thing to be decided is, the construction to be put upon the award. This award is, that the plaintiff should…
2Cited by1 opinion
- Preston v. WhitcombSupreme Court of Vermont · 1845