G. R. Bianchi Granite Co. v. Terre Haute Monument Co.
Supreme Court of Vermont
Assumpsit in tbe common courts. Pleas, the general issue. Payment and accord and satisfaction. Trial by jury, at the September Term, 1915, Washington County, Waterman, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The plaintiff sought to recover a balance claimed to be due upon a written contract for two granite monuments, known as the “G-. Lowe” and “L. LoweB monuments, manufactured by-plaintiff and by it sold and delivered to the defendant.
Read the full summary
Assumpsit in tbe common courts. Pleas, the general issue. Payment and accord and satisfaction. Trial by jury, at the September Term, 1915, Washington County, Waterman, J., presiding. Verdict and judgment for the defendant. The plaintiff excepted. The plaintiff sought to recover a balance claimed to be due upon a written contract for two granite monuments, known as the “G-. Lowe” and “L. LoweB monuments, manufactured by-plaintiff and by it sold and delivered to the defendant. The contract referred to photographs of another monument, known as the “Jones” monument, for certain details of the…
1Opinion of the CourtHaselton, J.
This is an action of assumpsit in the common counts. Among other pleas filed were the general issue, payment and accord and satisfaction. Trial by jury was had and verdict and judgment were for the defendant. The plaintiff brings exceptions.
The plaintiff’s evidence tended to show that one Hollis was doing a retail business as the Terre Haute Monument Company, and that he ordered of the plaintiff two monuments known as the G. Lowe and the L. Lowe monuments which were manufactured, sold and delivered by the plaintiff to the defendant, and set up in a cemetery in Indiana.. The plaintiff’s…
2Cases cited8 opinions
- Linsley v. LovelySupreme Court of Vermont · 1853
- McDaniels v. LaphamSupreme Court of Vermont · 1849
- Ryder v. Vermont Last Block Co.Supreme Court of Vermont · 1917
- Connecticut River Lumber Co. v. BrownSupreme Court of Vermont · 1895
- Murphy v. LittleSupreme Court of Vermont · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Dent v. Bellows Falls & Saxtons River Street Railway Co.Supreme Court of Vermont · 1922
- State v. WintersSupreme Court of Vermont · 1929
- Drown's Guardian v. Chesley's EstateSupreme Court of Vermont · 1917
- C. E. Johnson & Co. v. MarshSupreme Court of Vermont · 1940
- Frankel v. Foreman & Clark, Inc.Court of Appeals for the Second Circuit · 1929
8 more not listed; retrieve them via the Exa API.