Upham & Clay v. Wheelock
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the following facts: In May, 1860, the plaintiffs sold qnd delivered to the defendant a water wheel, on a credit of four moúths. The defendant, before the term of credit expired, became dissatisfied with the wheel, and so notified the plaintiffs.
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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the following facts: In May, 1860, the plaintiffs sold qnd delivered to the defendant a water wheel, on a credit of four moúths. The defendant, before the term of credit expired, became dissatisfied with the wheel, and so notified the plaintiffs. But such dissatisfaction arose from no fault, or breach of contract on the part of the plaintiffs. ■ In June, 1861, the wheel not having been paid for and the defendant complaining of its operation and declining to pay, an agreement was made…
1Opinion of the CourtAldis, J.
The declarations of Prouty, which were admitted in evidence, were an account he gave his principal, on his return from the defendant’s mill, of the reasons that prevented him from putting in the wheel. They were not statements which he made in the presence of 'the defendant, or while at the place and about the business of his agency. They were a narrative of what the defendant had said — that he had refused to pay any part of the expenses. If we believe that the defendant did refuse, it is not because there is evidence that he did refuse, but because there is evidence that the plaintiffs’…
2Cited by2 opinions
- Goodrich v. TracySupreme Court of Vermont · 1871
- Bates v. CilleySupreme Court of Vermont · 1874