D. Dewey & Co. v. Nicholas
Supreme Court of Vermont
This was an action commenced before a magistrate, and came into tbe county court by appeal by the defendant. The declaration in the original writ was for goods sold and delivered. In this court the plaintiffs filed the common counts, under which the plaintiffs claimed to recover for goods sold and delivered, and also for work and labor done. About one half the account was for work and labor, and the other half for goods sold.
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This was an action commenced before a magistrate, and came into tbe county court by appeal by the defendant. The declaration in the original writ was for goods sold and delivered. In this court the plaintiffs filed the common counts, under which the plaintiffs claimed to recover for goods sold and delivered, and also for work and labor done. About one half the account was for work and labor, and the other half for goods sold. The issue was joined to the court by the agreement of the parties, at the March term, 1871, Pece, J., presiding. The plaintiffs claimed to recover for goods sold and…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
This was an action of assumpsit commenced before a justice of the peace, and came before the county court by appeal.
The plaintiffs’ claim, as described in the declaration in the writ, was for goods sold and delivered. In the county court the plaintiff filed a new declaration containing the common counts in assumpsit, and under this declaration claimed the right to recover for work and labor, as well as for goods sold and delivered.
*26The defendant insisted that no recovery could be had for work and labor, for the reason that the cause of action,…
2Cases cited1 opinion
- Carpenter v. GookinSupreme Court of Vermont · 1829
3Cited by4 opinions
- S. Brodek & Co. v. HirschfieldSupreme Court of Vermont · 1885
- Vaughn v. RuggSupreme Court of Vermont · 1879
- Green v. StarrSupreme Court of Vermont · 1880
- Spear's Admr. v. ArmstrongSupreme Court of Vermont · 1912