Legal Opinion

Lawrence v. Davey

Supreme Court of Vermont

Decided January 15, 1856PublishedCited by 12 opinions

Asstjjipsit. The plaintiff and defendant- entered into a written contract, under seal, which was as follows, viz. “ Contract made and concluded the first day of September, 1853, between Israel Davey of * * * of the first part, and Ddwin Lawrence of * * of the second part.

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Asstjjipsit. The plaintiff and defendant- entered into a written contract, under seal, which was as follows, viz. “ Contract made and concluded the first day of September, 1853, between Israel Davey of * * * of the first part, and Ddwin Lawrence of * * of the second part. “ The said party of the second part covenants and agrees to, and with, the said party of the first part, to deliver at his forge in Salisbury, sixty-eight thousand bushels of good hard wood coal, to be delivered as follows: thirteen thousand bushels to be delivered before the first day of December next, twenty thousand…

1Opinion of the Court

The opinion of the court was delivered by

Kedeield, Ch. J.

We think the testimony given by the plaintiff in the present case did tend to show that the defendant, after a failure of the plaintiff to perform strictly according to the stipulations of the special contract, did agree, upon sufficient consideration, to waive such failure, and accept of the remainder of the Coal, *267although not dehvered strictly according to the terms of the written contract, and pay for them at the stipulated price; and that the testimony was properly submitted to the jury, as tending to show a waiver of the special…

2Cases cited2 opinions

  1. Sherwin & Salpaugh v. Rut. & Bur. Rail RoadSupreme Court of Vermont · 1852
  2. Zerah v. StewartSupreme Court of Vermont · 1827

3Cited by12 opinions

  1. Alaska Packers' Ass'n v. DomenicoCourt of Appeals for the Ninth Circuit · 1902
  2. Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
  3. Linz v. SchuckCourt of Appeals of Maryland · 1907
  4. Rogers v. Rogers & BrotherMassachusetts Supreme Judicial Court · 1885
  5. Moore v. Detroit Locomotive WorksMichigan Supreme Court · 1866

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