Myrick v. Slason
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and auditors were appointed, who reported, in substance, as follows.
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Book Account. Judgment to account was rendered in the county court, and auditors were appointed, who reported, in substance, as follows. The claim presented by the plaintiff was for labor performed and Expenses incurred by him under a contract in writing, under seal, entered into by the parties, April 10, 1841, by which the plaintiff agreed to open a marble quarry, belonging to the defendants, and to deliver marble, in blocks of a specified size and quality, at the mill of the defendants, — 'the defendants having the right, however, to retain all the marble quarried by the plaintiff, though…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
There can be little doubt, perhaps, at this day, that, when a party performs labor under a special contract, but not in such a manner, or at such a time, as to entitle him to recover under the contract, he may nevertheless recover, in general assumpsit so much, only, as the labor is worth to the defendant. And I should not now be inclined to question, that this may be done, even when the. contract is, as in the present case, under seal. I should be inclined to admit, too, that the recovery, in such case, might be had in the action on book…
2Cited by6 opinions
- Boville v. Dalton Paper MillsSupreme Court of Vermont · 1912
- Davis v. StreeterSupreme Court of Vermont · 1903
- Camp v. BarkerSupreme Court of Vermont · 1849
- McKay v. DarlingSupreme Court of Vermont · 1893
- Andrews v. EastmanSupreme Court of Vermont · 1868
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