Reynolds v. Chynoweth
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury at the June term, 1895, Orange county, Rowell, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts- It appeared that in May, 1894, the defendant took the mowing and tillage land upon the plaintiff’s farm to carry-on upon shares and that he had occupied the same for the season under that arrangement.
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Assumpsit. Plea, the general issue. Trial by jury at the June term, 1895, Orange county, Rowell, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts- It appeared that in May, 1894, the defendant took the mowing and tillage land upon the plaintiff’s farm to carry-on upon shares and that he had occupied the same for the season under that arrangement. The plaintiff claimed that under said contract the defendant was bound to carry on the land in a good and husbandlike manner, that he had not done so, that in consequence the value of the land had been depreciated and the…
1Opinion of the CourtTaft, J.
By pleading to the new count the defendant waived his right to move to dismiss it upon the ground that it was for a new cause of action. Seymour v. Brainard, 66 Vt. 320.
The court ruled it was competent to introduce any testimony pertinent to the issue joined. That this ruling was correct see Barney v. Bliss, 2 Aik. 60; Wheelock v. Wheelock, 5 Vt. 433 ; Allen v. Park hurst, 10 Vt. 557 ; Onion v. Fullerton, 17 Vt. 359; Briggs v. Mason, 31 Vt. 433; Carppenier v. Welch, 40 Vt. 251,
A good consideration is alleged in the special count. The bare relation of landlord and tenant was a sufficient…
2Cases cited7 opinions
- Briggs v. MasonSupreme Court of Vermont · 1859
- Barney v. BlissSupreme Court of Vermont · 1825
- Carpenter v. WelchSupreme Court of Vermont · 1867
- Allen v. FullerSupreme Court of Vermont · 1838
- Seymour v. BrainerdSupreme Court of Vermont · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Central of Georgia Railway Co. v. WindhamSupreme Court of Alabama · 1899
- Vaillancourt v. GoverSupreme Court of Vermont · 1941
- Berkley v. Burlington Cadillac Co., Inc.Supreme Court of Vermont · 1925