Wead v. Marsh

Decided January 15, 1842

Supreme Court of Vermont · decided 1842-01-15

<p>A declaration, declaring upon a note payable in “ fulled cloth,” is supported by a note payable in “ woolen fulled cloth,” and the legal effect of its being payable at its cash price, is the same as if payable at its cash value.</p>

Cited by 1 later decisions — most recently June 1903

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1842-01-15

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¶1The opinion of the court was delivered by

Bennett, J.

¶2It is true that every party, to avoid a variance, must declare upon a contract according to its legal effect. The declaration is upon a note payable in fulled cloth, and we think a note payable in woolen fulled cloth supports it. The term, “ fulled cloth,” is understood, in common parlance, with us, to imply woolen fulled cloth. No one would understand it to the contrary. It is also said in argument, that there is a difference between a note being payable in an article, at its cash price and its cash value, but it would seem to be a distinction without a difference. At all events it is beyond the comprehension of the court.

¶3Judgment of the county court is affirmed.