Corbin v. Fairbanks, Barlow & Co.
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury, February Term, 1883, Royce, Ch. J., presiding. Yerdict ordered for the plaintiff.
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Assumpsit. Plea, the general issue. Trial by jury, February Term, 1883, Royce, Ch. J., presiding. Yerdict ordered for the plaintiff. It appeared by the written contract that the plaintiff sold to the defendant “a partially completed steamboat, now in the process of construction in the yard of said Corbin * * *" and also all the materials for the completion of said boat procured by the said Corbin,” etc.; also, “now, in consideration of said sale and conveyance,the said Fairbanks, Barlow & Co. promise to pay to said Corbin the sum of three thousand dollars in equal payments in six and nine and…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
This contract is not susceptible of the construction contended for by the defendants. It is a contract to do one of three things by a time certain at defendants’ option. That option continued until said time elapsed, after which, and especially after demand of performance by plaintiff and refusal by defendants, it was gone, and defendants became liable to pay in money at plaintiff’s option.
Affirmed.
2Cited by3 opinions
- Gaddy v. SmithCourt of Appeals of Texas · 1908
- Prudential Ins. Co. of America v. FaulknerCourt of Appeals for the Tenth Circuit · 1934
- Prudential Ins. Co. of America v. FaulknerCourt of Appeals for the Tenth Circuit · 1934