McGowan v. Griffin
Supreme Court of Vermont
Covenant Broken. Plea, the general issue with notice of special matter in defense and a tender. Trial by jury at the September Term, 1895, Washington County, Thompson, J., presiding. At the close of the testimony the court submitted special inquiries to the jury but directed a general verdict for the defendants. The special inquiries and answers were as follows: Question i.
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Covenant Broken. Plea, the general issue with notice of special matter in defense and a tender. Trial by jury at the September Term, 1895, Washington County, Thompson, J., presiding. At the close of the testimony the court submitted special inquiries to the jury but directed a general verdict for the defendants. The special inquiries and answers were as follows: Question i. “At the time of the execution and delivery of contract marked ‘A,’ were Martin J. McGowan and John P. McGowan partners in the grocery business ?” Answer, “No.” Question 2. “At the time of the execution and delivery of said…
1Opinion of the CourtRoss, C. J.
Theplaintiff insists that the court erroneously ordered a verdict in favor of the defendants.(1) He says the contract under consideration should not be construed to cover the money taken by the plaintiff. By that contract the plaintiff sold and conveyed to the defendants “all his right, title and interest in and to the business heretofore carried on by him and John P. McGowan under the name and style óf The Boston Branch Grocery store, and under the name of Martin J. McGowan, proprietor, at North Barre in the County of Washington.” In another clause,-he “transfers, conveys and assigns” to the…
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