Cushman v. Somers
Supreme Court of Vermont
COVENANT. Heard on general and special demurrer to the declaration, December Term, 1887, Taet, J., presiding. Judgment that the declaration is sufficient, overruling the demurrer. The defendant prayed oyer of the contract between ~W. A. Eussell and Eollins C. Jones, the assignment of the contract from Jones to plaintiff, and the contract between plaintiff and defendant referred to in declaration. The same were all filed and made a part of case.
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COVENANT. Heard on general and special demurrer to the declaration, December Term, 1887, Taet, J., presiding. Judgment that the declaration is sufficient, overruling the demurrer. The defendant prayed oyer of the contract between ~W. A. Eussell and Eollins C. Jones, the assignment of the contract from Jones to plaintiff, and the contract between plaintiff and defendant referred to in declaration. The same were all filed and made a part of case. Declaration: “In a plea. of covenant broken for that, whereas, heretofore, viz. : to wit, the 23d day of August, A. D. 1880, at Barnet aforesaid, by a…
1Opinion of the Court
The opinion of the court was delivered by
Tyler, J.
It appears that Jones assigned all his interest in the contract with Eussell to the plaintiff, who thereupon .assumed all the duties and obligations that it imposed upon Jones. The plaintiff then sold to the defendant a half interest in the contract, namely, the right to use one machine in the town of Barnet, the defendant covenanting with the plaintiff to pay him therefor one half the number of tons of dry pulp required in the articles of agreement between Eussell and Jones, payment to commence from December 1, 1880, and to be made at such…
2Cases cited3 opinions
- Russell v. OrmsbeeSupreme Court of Vermont · 1838
- Adm'r of Peck v. HubbardSupreme Court of Vermont · 1839
- Welch v. BradleySupreme Court of Vermont · 1868