Scales v. Wiley
Supreme Court of Vermont
General and special assumpsit. Plea, the general issue. Trial by jury at the May term, 1895, Windsor county. Verdict and judgment for the plaintiff. The defendant excepts.
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General and special assumpsit. Plea, the general issue. Trial by jury at the May term, 1895, Windsor county. Verdict and judgment for the plaintiff. The defendant excepts. It appeared that the plaintiff owned a barn standing upon her land, and that she and the defendant entered into an agreement by which the plaintiff was to take it down and re-erect the frame upon the#land of the defendant for $75, the defendant to draw the Trame from her land to his-and to furnish what new timber might be necessary. The plaintiff did take down the barn, but the defendant refused to proceed with the contract…
1Opinion of the CourtTyler, J.
The special count alleges that the plaintiff sustained damages by reason of the non-performance by the defendant of a contract by which the plaintiff was to erect a barn frame on the defendant’s land, which contract the defendant prevented the plaintiff from completing, by not removing the timber to his premises as he had agreed, and refusing to proceed with the contract after the plaintiff had provided labor and materials according to her agreement.
The plaintiff’s evidence tended to show that in the year 1893 she owned a barn, situated upon her premises, .which the defendant wished to…
2Cases cited1 opinion
- Ellison v. BrighamSupreme Court of Vermont · 1865
3Cited by6 opinions
- Frederick Raff Co. v. MurphySupreme Court of Connecticut · 1929
- Ives v. RailroadSupreme Court of North Carolina · 1906
- Town of Saugus v. B. Perini & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
- Sumner v. Graham County Lumber Co.Supreme Court of North Carolina · 1918
- Miller v. DavisSupreme Court of Iowa · 1919
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