Seargent v. Seward
Supreme Court of Vermont
Book Account, The auditor reported that the account presented by the plaintiff was for forty-five dollars for building a barn for the defendant, and he found in relation thereto that the parties contracted for the building of a barn, in a good workmanlike manner, for the defendant by the plaintiff for that price ; that the barn was built in accordance with the contract, except that some portion of the work was not done in a good workmanlike manner, but that the defendant was…
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Book Account, The auditor reported that the account presented by the plaintiff was for forty-five dollars for building a barn for the defendant, and he found in relation thereto that the parties contracted for the building of a barn, in a good workmanlike manner, for the defendant by the plaintiff for that price ; that the barn was built in accordance with the contract, except that some portion of the work was not done in a good workmanlike manner, but that the defendant was present from time to time during the progress of the work, and upon its completion accepted the barn upon the contract,…
1Opinion of the CourtBennett, J.
In regard to the plaintiff’s charge of forty-five dollars for building the barn, although the auditor finds that the job was not done fully according to the terms of the contract, yet he does expressly find that the defendant, when the barn was finished, did accept it on the contract, and by this we understand the auditor to'mean that the contract was fulfilled to the satisfaction of the defendant.
This operates as a conclusive waiver on the part of the defendant of any claim for deduction from the contract price. This is a well settled principle.
In regard to the item of thirteen dollars and…
2Cited by7 opinions
- Tingley v. CowgillSupreme Court of Missouri · 1871
- Cram v. CramSupreme Court of Vermont · 1860
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
- of Carpenter v. MooreSupreme Court of Vermont · 1871
- Brown v. BurringtonSupreme Court of Vermont · 1863
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