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Reports of Cases Argued and Determined in the Supreme Court of Vermont Volume 2

Reports of Cases Argued and Determined in the Supreme Court of Vermont Volume 2


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1810 Excerpt: ... finishing it, owing to the possible neglects of the defendant. The defendant replied, this is right; and upon the plaintiff's proposing to submit the matter again to the same arbitrators, the defendant said, " There is no occasion. / here promise you, that if you do more than your half in finishing the mill, I will allow you to have possession of it until you can pay yourself out of the profits.." The defendant, after this, did nothing towards finishing the mill, but in a few days, to wit, on the 24th of the same January, conveyed his moiety to one Hastings, who, on the 2d day of the next February, sold it to the plaintiff, who soon after finished the mill, and now brings this suit for moneys advanced, materials, Sabin labours, &c. more than his proportion in finishing Grosvner. the mill. " Harrington, for the defendant. This is a special agreement, and ought to have been specially declared upon. It cannot be given in evidence under either of the special counts in the declaration. It is laid down in Espinasse's Digest, that it was Xtp_ Dig. yo, formerly held, that where there had been a special LP140agreement, plaintiff ought to declare on it; for he should not be allowed to give it in evidence on a general indebitatus assumpsit; and there is nothing appears why it is not the practice now, excepting a marginal query by the learned author. Certainly the case of Knight v. Cox, decided by Pemberton, Chief Justice, is in support of the practice, and the same case is cited in Bullets Nisi Priits, as illustrative of vide RiUf it. Certainly this ancient rule of law will be highly edit' p'153' beneficial in modem practice, and there cannot be a stronger case than the present to show it. The plaintiff has declared in several general counts of imp...


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Product Details
  • ISBN-13: 9781130083613
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 132
  • Spine Width: 7 mm
  • Width: 189 mm
  • ISBN-10: 1130083616
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 249 gr

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