Bedell v. Tracy
Supreme Court of Vermont
Assumpsit. Pleas, the general issue and statute of limitations. Trial by jury at the December term, 1891, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The case appears in the opinion. The plaintiff should recover upon the ground that the defendant equitably owes him the sums sued for, and parol evidence is admissible to show the facts from which this equity springs.
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Assumpsit. Pleas, the general issue and statute of limitations. Trial by jury at the December term, 1891, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The case appears in the opinion. The plaintiff should recover upon the ground that the defendant equitably owes him the sums sued for, and parol evidence is admissible to show the facts from which this equity springs. Welch & Vance v. Darling, 56 Vt. 136 ; ' Gifford v. Willard, 55 Vt. 36. The cause of action did not accrue until the defendant refused to perform. Cobb v. Hall, 29 Vt. 5x0.
1Opinion of the Court
The opinion of the court was delivered by
ROSS, Ch. J.
The defendant is sued as the surviving partner of J. P. & E. O. Tracy. The action is assumpsit, upon the common counts and one special count alleging that, on the 14th day of June, 1882, the plaintiff entered into a contract with the Tracys whereby they agreed to deed to him a certain saw mill and appurtenances, upon the receipt: of two hundred dollars, and a ' mortgage back securing the payment of thirteen hundred dollars ; and that he agreed to purchase the same on these terms; that he paid them the two hundred dollars, entered upon the…
2Cases cited12 opinions
- Shaw v. ShawSupreme Court of Vermont · 1834
- Buck v. PickwellSupreme Court of Vermont · 1854
- Sterling v. BaldwinSupreme Court of Vermont · 1869
- Cobb v. HallSupreme Court of Vermont · 1857
- Fitch v. BurkSupreme Court of Vermont · 1866
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3Cited by4 opinions
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- Richardson v. FletcherSupreme Court of Vermont · 1902
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- Shepherd v. DouganIdaho Supreme Court · 1937