Legal Opinion

Derby v. Johnson

Supreme Court of Vermont

Decided December 15, 1848PublishedCited by 31 opinions

Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows : On the sixteenth day of March, 1846, the plaintiffs and defendants entered into a written agreement, by which the plaintiffs agreed to perform, in the most substantial and workmanlike manner, to the acceptance of the engineer of the Vermont Central Rail Road Company, all the stone work, masonry and blasting on the three miles of rail road taken by…

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Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows : On the sixteenth day of March, 1846, the plaintiffs and defendants entered into a written agreement, by which the plaintiffs agreed to perform, in the most substantial and workmanlike manner, to the acceptance of the engineer of the Vermont Central Rail Road Company, all the stone work, masonry and blasting on the three miles of rail road taken by the defendants, at certain specified prices by the cubic yard. On the twenty third day of March, 1846, the plaintiffs…

1Opinion of the Court

*21The opinion of the court was delivered hy

Hall, J.

It is insisted, in behalf of the defendants, that the request and direction of the defendants to the plaintiffs, to cease work and abandon the execution of the contract, is to be considered in the light of a proposition to the plaintiffs, which they weré at liberty to accede to, or disregard, and that, having acquiesced in it by quitting the work, the contract is to be treated as having been relinquished by the mutual consent of the parties. But we do not look upon it in that light. The direction of the defendants to the plaintiffs to quit the…

2Cases cited3 opinions

  1. Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Koon v. GreenmanNew York Supreme Court · 1831
  3. Tyson v. DoeSupreme Court of Vermont · 1843

3Cited by31 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
  2. Alderson v. HoustonCalifornia Supreme Court · 1908
  3. Black v. WoodrowCourt of Appeals of Maryland · 1874
  4. Hosmer v. WilsonMichigan Supreme Court · 1859
  5. Valente v. WeinbergSupreme Court of Connecticut · 1907

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