¶1The action now stands on the two last counts. The paper offered in evidence shews a special contract. It cannot be read in evidence in support of either of the general counts. To support general counts for work and labour done, &c. plaintiff must shew it was done at the special instance and request of the defendant, or for his benefit. This paper goes to shew a special contract to permit the *186cutting and removing of certain trees and timber; and the gist of the action, as stated in the first count, is the obstruction in removing them. This surely Cannot apply to either of the counts. The paper cannot be read to the Jury.
1 Tyl. 182
Culver v. Barnet
Decided August 15, 1801
Supreme Court of Vermont · decided 1801-08-15
ACTION on the case. Plaintiff declared, that at Weathersjield, Windsor County, on the 4tK of January, 1796, in consideration that he the said Andrew Culver then and there paid to the said Moses Barnet forty shillings lawful money, to his the said Barnet1 s full satisfaction, he the said Barnet sold to the said Culver all the timber then lying on the ground, with six standing trees on the southern part of Lot No.'46. in the fourth division of lots in said Weathersfield,…
Decided 1801-08-15