Curley v. Dean
Supreme Court of Connecticut
This was an action of assumpsit. The first count stated a submission made by the plaintiff and defendant of certain differences, which had arisen between them concerning the use and occupation of a clothier’s shop and mill, owned by the defendant, and concerning certain books containing accounts for work done therein, to the award and final arbitrament of Henry Waring and John Augur, and an award by them, made in the premises, which the defendant, although requested, had…
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This was an action of assumpsit. The first count stated a submission made by the plaintiff and defendant of certain differences, which had arisen between them concerning the use and occupation of a clothier’s shop and mill, owned by the defendant, and concerning certain books containing accounts for work done therein, to the award and final arbitrament of Henry Waring and John Augur, and an award by them, made in the premises, which the defendant, although requested, had wholly neglected and refused to perform. The second count stated, That on the 8th of October, 1818, at Stamford, the…
1Opinion of the Court
Hosmer, Ch. J.
The action of the plaintiff is founded on promises made to him by the defendant, in consideration of certain executory promises, to be performed on the plaintiff’s part. The contract set forth on the record, and the one proved, must agree in substance and effect. The promise sought to be enforced need not be co-extensive with the one actually made, it being sufficient to state so much of the contract only, as evinces the engagement, on which the *265plaintiff grounds his action. Cotterill v. Cuff, 4 Taunt. 285. 287. Clarke v. Gray & al. 6 East 564. 567, 8. Miles v. Sheward, 8 East…
2Cases cited2 opinions
- Bunnel v. PintoSupreme Court of Connecticut · 1818
- Lansing v. M'KillipNew York Supreme Court · 1805
3Cited by13 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- United Fuel Gas Co. v. Columbian Fuel CorporationCourt of Appeals for the Fourth Circuit · 1948
- Slack v. BraggSupreme Court of Vermont · 1910
- Kellogg v. DenslowSupreme Court of Connecticut · 1841
- Davisson v. FordWest Virginia Supreme Court · 1884
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