Lyndon Granite Co. v. Farrar
Supreme Court of Vermont
Case heard at the December Term, 1879, Ross, J., presiding. The court rendered judgment for the plaintiff on the report of a referee to recover the contract price of the headstone. The facts appear in the opinion of the court. All questions of mere form of the suit are waived by the reference. Waterman v. Conn. Pass. Rivers R. R. Co., 30 Vt. 610 ; Laport v. Bacon, 48 Vt. 176 ; Rob.
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Case heard at the December Term, 1879, Ross, J., presiding. The court rendered judgment for the plaintiff on the report of a referee to recover the contract price of the headstone. The facts appear in the opinion of the court. All questions of mere form of the suit are waived by the reference. Waterman v. Conn. Pass. Rivers R. R. Co., 30 Vt. 610 ; Laport v. Bacon, 48 Vt. 176 ; Rob. Dig. p. 600, s. 5; 43 Vt. 502; 27 Vt. 766; 25 Vt. 316. Judgment will be entered upon the report whenever, without changing the nature of the action, the declaration or the pleadings can be so amended as to…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is assumpsit in the common counts. The report finds that the plaintiff contracted with the defendant for a dark blue Rutland marble headstone, three feet eight inches *587high, and one foot six inches wide, and two inches thick ; to be delivered by June 20th, 1878, and set by plaintiff; the defendant was to have the socket ready when the stone should be delivered ; price agreed upon was $14.50. The plaintiff contracted “ to do a perfect job.” The stone was delivered according to the contract. The defendant claimed of the plaintiff…
2Cases cited5 opinions
- Waterman v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1858
- Curtis v. SmithSupreme Court of Vermont · 1874
- Laport v. BaconSupreme Court of Vermont · 1876
- Viall v. HubbardSupreme Court of Vermont · 1864
- Carpenter v. BrainerdSupreme Court of Vermont · 1864
3Cited by6 opinions
- Gordon's Admr. v. HotchkissSupreme Court of Vermont · 1909
- Globe Granite Co. v. ClementsSupreme Court of Vermont · 1918
- Est. of White v. Est. of WhiteSupreme Court of Vermont · 1897
- Bachop v. HillSupreme Court of Vermont · 1882
- Nelson & Daniels v. GodfreySupreme Court of Vermont · 1902
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