Fay v. Wheeler
Supreme Court of Vermont
Assumpsit in two special counts, and the common counts. The defendant pleaded two special pleas to the two special counts in the plaintiff’s declaration, to which the plaintiff demurred generally. The court at the September term, 1871, Royce, J., presiding, pro forma overruled the demurrer and sustained the pleas, to which the plaintiff excepted. Judgment for the defendant — exceptions by plaintiff.
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Assumpsit in two special counts, and the common counts. The defendant pleaded two special pleas to the two special counts in the plaintiff’s declaration, to which the plaintiff demurred generally. The court at the September term, 1871, Royce, J., presiding, pro forma overruled the demurrer and sustained the pleas, to which the plaintiff excepted. Judgment for the defendant — exceptions by plaintiff. The point raised by the pleadings is accurately and fully stated in the opinion of the court. The judgment of the court below, overruling the demurrer and sustaining the plea, should be affirmed.…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The only question made by the pleadings is, whether the statute of frauds is applicable to the defendant’s promise and agreement set forth in the plaintiff’s declaration. In both counts the plaintiff substantially alleges, that, to induce him to buy of the defendant two hundred shares of the stock of the Missisquoi Oil Company, at two dollars and fifty cents per share, the defendant undertook and promised that he would guarantee the stock, take back and repay the plaintiff for the same, on request; that he bought the two hundred shares of…
2Cases cited1 opinion
- Dickinson v. DickinsonSupreme Court of Connecticut · 1861
3Cited by7 opinions
- Johnston v. . TraskNew York Court of Appeals · 1889
- Vohland v. GelhaarWisconsin Supreme Court · 1908
- LaFountain & Woolson Co. v. BrownSupreme Court of Vermont · 1917
- Fitzpatrick v. Associated Gas & Electric Co.New York Supreme Court · 1933
- Finlaw v. WertheimNew York Supreme Court · 1936
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