Kingsley v. Fitts
Supreme Court of Vermont
Case for deceit in the sale of an account. Judgment was rendered against defendant Avery by default. Fitts alone defended under the general issue. Trial by jury at the December Term, 1878, Piekpoint, 0. J., presiding. The facts, and the ground of the exception, taken by the plaintiff, are stated in the opinion of the court. It was error to restrict the jury to the one expression, “you find me a purchaser.”
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Case for deceit in the sale of an account. Judgment was rendered against defendant Avery by default. Fitts alone defended under the general issue. Trial by jury at the December Term, 1878, Piekpoint, 0. J., presiding. The facts, and the ground of the exception, taken by the plaintiff, are stated in the opinion of the court. It was error to restrict the jury to the one expression, “you find me a purchaser.” The question of agency should have been submitted to the jury on all the evidence. Smith v. Finney, 32 Vt. 282; Ladd v. Lord, 36 Vt. 194. The charge was without error. But if not, judgment…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The testimony of the plaintiff and of defendant Avery tended to show that the defendants, who were copartners, had an account for sawing lumber, against John M. Dyer; that Fitts became the sole owner of the account; that he told Avery he would sell it for twenty-five per cent, discount, and, on Avery’s saying he had no money to purchase with, Fitts said to him, “ Find me á purchaser ” ; that thereupon Avery went to the plaintiff, told him how Fitts would sell the account, and that the account was a valid account; that the contract which they…
2Cases cited1 opinion
- Fay & Bryant v. RichmondSupreme Court of Vermont · 1870
3Cited by11 opinions
- Little Pittsburg Con. Min. Co. v. Little Chief Con. Min. Co.Supreme Court of Colorado · 1888
- Powell v. . Lumber Co.Supreme Court of North Carolina · 1915
- Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
- Cain Bros. v. WallaceSupreme Court of Kansas · 1891
- Vermont Shade Roller Co. v. Burlington Traction Co.Supreme Court of Vermont · 1930
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