Morton v. Wells
Supreme Court of Vermont
THIS was an action on the case, brought to recover one hundred dollars, forfeited for the non-fulfilment of a contract. The plaintiff declared in substance on the following contract: On agreement this day entered into between Joshua Wells, of Salisbury, in the County of Addison, on the one part, ánd David Morton, of Middlebury, State of Massachusetts, on the other part, to wit: The said Wells agrees to sell to the said Morton eighty acres of land lying in good farm off of…
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THIS was an action on the case, brought to recover one hundred dollars, forfeited for the non-fulfilment of a contract. The plaintiff declared in substance on the following contract: On agreement this day entered into between Joshua Wells, of Salisbury, in the County of Addison, on the one part, ánd David Morton, of Middlebury, State of Massachusetts, on the other part, to wit: The said Wells agrees to sell to the said Morton eighty acres of land lying in good farm off of the south side of his the said Wells's farm he now lives on, for the sum of nine dollars per acre, and to procure a good…
1Opinion of the Court
' The Court, in their charge to the Jury, after stating the evidence, observed,
That to make a tender good, the party must, at the latest time, on the last day of the term of the contract, before the sun sets, proceed to the dwelling-house, or other usual place of abode, of him to whom .the tender is to be made, if no other place be provided by the contract, and there produce the money or goods, and offer to comply with the contract on his part. But if the other party contracting is absent,' he has no occasion to count the money, or particularly display the goods. It will be sufficient that he…
2Cited by1 opinion
- Carvage v. StowellSupreme Court of Vermont · 1947