Legal Opinion

Tucker v. Preston

Supreme Court of Vermont

Decided May 15, 1887PublishedCited by 3 opinions

Assumpsit in general counts. Heard on a referee’s report, December Term, 1886, Walker, J., presiding. Judgment for the plaintiff. Affirmed.

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Assumpsit in general counts. Heard on a referee’s report, December Term, 1886, Walker, J., presiding. Judgment for the plaintiff. Affirmed. The referee found that the action was assumpsit, and that the plaintiff filed a specification, to which the defendant pleaded the general issue and offset with specification, but defendant also claimed that plaintiff had no cause of action ; that plaintiff in 1878 was sixty-two or sixty-three years old, and defendant an aged widow lady; that plaintiff worked as a laborer for the defendant on her farm at her request from March, 1878, to July, 1885 ; that…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The result of the facts found by the referee is that the plaintiff went to work for the defendant at her request, worked nearly a year without any special agreement in regard to the compensation which he was to receive, or when it was to be paid; then the parties supposed they had entered into a permanent contract in regard to his services, past and future, but by failure to understand each other, their minds never met, and the plaintiff continued to work several years for the defendant. This leaves the plaintiff’s entire work, performed at the…

2Cited by3 opinions

  1. Union Hosiery Co. v. HodgsonSupreme Court of New Hampshire · 1904
  2. Wright v. BroomeMissouri Court of Appeals · 1896
  3. Keystone Structural Co. v. Link-Belt Co.Court of Appeals for the Third Circuit · 1921

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