Miller v. Ward
Supreme Court of Connecticut
THIS was an action of assumpsit. The declaration stated, that on the 20lh of July 1816, the plaintiff contracted with Hyde Clark and others, to transport a raft of lumber, being 180 thousand feet, from Hartland hi Vermont to East-IIaddam in tills state, and for such transportation, they agreed to pay him 6 dollars for each thousand feet; that the plaintiff, in pursuance of this agreement, immediately sailed with the raft, and arrived with it at Hartford, on his way to…
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THIS was an action of assumpsit. The declaration stated, that on the 20lh of July 1816, the plaintiff contracted with Hyde Clark and others, to transport a raft of lumber, being 180 thousand feet, from Hartland hi Vermont to East-IIaddam in tills state, and for such transportation, they agreed to pay him 6 dollars for each thousand feet; that the plaintiff, in pursuance of this agreement, immediately sailed with the raft, and arrived with it at Hartford, on his way to East-IIaddam, on the 26th of October 1816 ; that while he lay at Hartford with the raft, the defendants attached it, in a suit…
1Opinion of the Court
SwiíTj Cli. J.
The declaration is grounded on an express written contract, which was on good consideration, the drawing of the timber out of the river ; and the allegation that the defendants prevented him from doing it, ⅛ equivalent to a performance. Whether the plaintiff has, in a tech - nical manner, denied that the defendants have performed their contract, is a question not necessary 1o decide on this motion*
•The contract being express to pay customary freight, the defendants had no claim for any deduction, on account of freight paid by another person. The charge of the court, then, was…
2Cases cited1 opinion
- Ripley v. FitchSupreme Court of Connecticut · 1792
3Cited by6 opinions
- Davis v. AyresSupreme Court of Alabama · 1846
- Seeley v. HincksSupreme Court of Connecticut · 1894
- Whitney v. First Ecclesiastical Society in BrooklynSupreme Court of Connecticut · 1824
- Smith v. Boston, Concord & Montreal RailroadSupreme Court of New Hampshire · 1858
- Champion v. HartshorneSupreme Court of Connecticut · 1833
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