Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont Volume 22

Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont Volume 22

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...to be delivered to the defendant and to become his property assoon as it was manufactured, and the defendant agreed, that he would send the cloth to market, and cause it to be sold, and would pay to the plaintiff, for the purpose of defra-ing the expenses of manufacturing, one thir of the money received in advance for the cloth, upom its being consigned to market, and would also pay to the plaintif f the residue of the money obtamod for the cloth, after deducting 'fort four cents for ever '376 pound of wool so delivered by the defen ant, and the interest and cost of freight. And it was held, that a breach of the contract on the part of the plaintiff, in converting to his own use a portion of the cloth manufactured, previous to a demand by him u on the defendant for the money, would not disc arge the defendant from his liability to pay to the plaintiff one third of the money received in advance upon the consignment of the cloth for sale; but the defendant must recover compensation, by a cross action, for such conversion of the cloth by the plaintiff_ A contract cannot be rescinded by one party, for the default of the other, unless both parties can be placed in the same situation. in which they were before the contract was made. Assumpslt. The plaintiff declared in substance, that Ford, the bankrupt, previous to his bankruptcy, agreed with the defendant, that he would manufacture into cloth for the defendant a quantity of wool, and would deliver the cloth to the defendant, from time to time, as it should be manufactured, and that the defendant agreed, among other things set forth in the declaration, that he would send the cloth to market, and cause it to be sold, and would pay to Ford, for the purpose of defraying the expense of...show more

Product details

  • Paperback
  • 189 x 246 x 14mm | 467g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236936493
  • 9781236936493