Foster v. Adams
Supreme Court of Vermont
GENERAL Assumpsit. Heard on a referee’s report, December Term, 1887, Royce, Ch..J., presiding. Judgment on the report for the plaintiffs. The case appears in the opinion of the court. While plaintiffs rely upon this contract, as made, clearly no action can be maintained until something became due under its provisions.
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GENERAL Assumpsit. Heard on a referee’s report, December Term, 1887, Royce, Ch..J., presiding. Judgment on the report for the plaintiffs. The case appears in the opinion of the court. While plaintiffs rely upon this contract, as made, clearly no action can be maintained until something became due under its provisions. Martin v. Fuller, 16 Yt. 108 ; Scott v. Montaz-gue, Id. 164; Eddy v. Stafford, 18 Yt. 235; Thayer & Go. v. Ballou, 32 Yt. 234; Hall & Fish v. Jones, 48 Yt'. 227. The presumption is that the defendant acted in good faith. The credit given was a part of the original contract.…
1Opinion of the Court
The opinion of the court was delivered by
Tyler, J.
The plaintiffs sold the 'engine and boiler in question to the defendant on his agreement to give them his promissory note for $800, payable on time and secured by mortgage on this and other property. After taking the engine to pieces and moving it about one hundred feet preparatory to its removal from Peru to Jamaica, the defendant decided noto take the property and requested the plaintiffs to keep it, which they declined to do. The defendant notified the plaintiffs that he should not take the property and they told him ‘ ‘ they wanted he…
2Cases cited4 opinions
- Ascutney Bank v. McK OrmsbySupreme Court of Vermont · 1856
- Martin v. FullerSupreme Court of Vermont · 1844
- Eddy v. StaffordSupreme Court of Vermont · 1846
- Hale v. JonesSupreme Court of Vermont · 1876
3Cited by2 opinions
- Kelly v. PierceNorth Dakota Supreme Court · 1907
- Precision Development Co. v. Fast Bearing Co.Court of Appeals of Maryland · 1944