Carpenter v. Brainerd
Supreme Court of Vermont
Book Account. There was no question in respect to any item of the plaintiff’s account, except the third. The auditor reported as to this item in substance that in the fall of 1860, the defendants, as trustees of the Vermont Central Railroad, by their agent, E. F. Perkins, contracted with the plaintiff to take of him the hemlock, spruce, ash and basswood lumber that was on some twelve acres of land the plaintiff was to clear the next winter.
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Book Account. There was no question in respect to any item of the plaintiff’s account, except the third. The auditor reported as to this item in substance that in the fall of 1860, the defendants, as trustees of the Vermont Central Railroad, by their agent, E. F. Perkins, contracted with the plaintiff to take of him the hemlock, spruce, ash and basswood lumber that was on some twelve acres of land the plaintiff was to clear the next winter. The lumber was all cut, sawed and delivered at a place at the railroad works, designated by Perkins, and occupied by the defendants, and according to the…
1Opinion of the Court
Poland, Ch. J.
The defendants insist that the plaintiff cannot recover on book against them for the third item in his account for the basswood lumber, for want of such an acceptance by them as passed the property from the plaintiff to them.
*147It has been decided by this court in the case of Latham v. Lewis, and in one or two subsequent cases, none of which are yet reported, that where articles are manufactured upon a contract to be delivered at a future day, and when completed are offered to the party ordering them, and he wrongfully refuses to receive them, that the property does not thereby…
2Cases cited4 opinions
- Carpenter v. DoleSupreme Court of Vermont · 1841
- Rider v. RobertsSupreme Court of Vermont · 1859
- Blish v. GrangerSupreme Court of Vermont · 1834
- Hunt v. MartinSupreme Court of Vermont · 1843
3Cited by2 opinions
- Taplin & Rowell v. ClarkSupreme Court of Vermont · 1915
- Lyndon Granite Co. v. FarrarSupreme Court of Vermont · 1880