Russell v. Ormsbee
Supreme Court of Vermont
This was an action of book account, which had been referred by this court to auditors, who 'reported as follows; That the defendant contracted to deliver the plaintiff a quantity of coal, of a good quality, at six dollars per hundred bushels, payable in leather at Clark’s tannery, at Factory point, in Manchester, the defendant having previously examined the leather at said factory, and it being agreed between the parties that defendant was to select such kind of leather as…
Read the full summary
This was an action of book account, which had been referred by this court to auditors, who 'reported as follows; That the defendant contracted to deliver the plaintiff a quantity of coal, of a good quality, at six dollars per hundred bushels, payable in leather at Clark’s tannery, at Factory point, in Manchester, the defendant having previously examined the leather at said factory, and it being agreed between the parties that defendant was to select such kind of leather as he should want. Soon after this, plaintiff brought a load of coal to the defendant’s shop, which defendant objected to…
1Opinion of the Court
*277The opinion of the Court was delivered by
Phelps, J.
This case turns upon the question, whether a sufficient demand was made by the plaintiff to entitle him to the money for the amount found due to him, by the auditors, in lieu of the leather. It appears from the report, that, by the contract, the coal was to be paid for in leather, such as the plaintiff should select, at the place designated ; but no definite time, within which the payment was to be ’made, was stipulated. This demand, with a designation of the kind selected by the plaintiff, was an indispensable pre-requisite to the right of…
2Cited by9 opinions
- Gibbs v. BlanchardMichigan Supreme Court · 1867
- Nelson & Wallace v. GibsonSupreme Court of Vermont · 1916
- Welch v. BradleySupreme Court of Vermont · 1868
- Davis v. PetitSupreme Court of Vermont · 1855
- Counsel v. Vulture Mining Company of ArizonaNew York Court of Common Pleas · 1874
4 more not listed; retrieve them via the Exa API.