Supreme Court of Vermont, 1911

Granite Savings Bank & Trust Co. v. Parry & Jones

Granite Savings Bank & Trust Co. v. Parry & Jones
Supreme Court of Vermont · Decided January 16, 1911 · Haselton, Munson, Powers, Rowell, Watson
84 Vt. 159; 78 A. 789; 1911 Vt. LEXIS 259
Granite Savings Bank & Trust Co. v. Parry & Jones

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Munson, J.

The judgment was a conclusive determination that the defendants had promised the payments evidenced by the notes. The defendants’ offer was inconsistent with the terms of payment as thus determined. It was not an offer to reduce the damages by showing payments under the contract as adjudged, but an offer to show a separate writing by virtue of which the damages would be less. The notes which constituted the cause of action determined the extent of the recovery, and reduced the process of assessment to a mere computation. Sweet v. McDaniels, 39 Vt. 272; Third National Bank v. Dorset Marble Co., 58 Vt. 70; Bradley v. Chamberlain, 31 Vt. 468.

Judgment affirmed.

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