Legal Opinion

Farr ex rel. Briggs v. Sumner

Supreme Court of Vermont

Decided January 15, 1840PublishedCited by 1 opinion

Trover, for one bay mare, one sorrel mare, one double wagon and one double harness. Plea, not guilty, with notice of special matter in justification. Issue to the country.

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Trover, for one bay mare, one sorrel mare, one double wagon and one double harness. Plea, not guilty, with notice of special matter in justification. Issue to the country. Upon the trial in the county court, the plaintiff, to support the issue on his part, offered evidence tending to prove that in the spring of 1836, the defendant sold the plaintiff one span of horses and a double harness, and was to take his pay for the same, one half that year and the other half the next year, in drawing lumber from Huntington to Vergennes ; that a portion of the lumber was drawn in the summer of 1836 ;…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

— It appears that the plaintiff, while a minor, purchased a span of horses and harness of the defendant and paid therefor, in part, in lumbering & another horse, and in payment of the balance voluntarily delivered to the defendant the horse which is the subject in controversy in this suit. No act has ever been done by the plaintiff to avoid or disaffirm the contract for the purchase of the span of horses and harness, but, on the contrary, he has had the whole benefit of that contract. The plaintiff assumes that the agreement made at…

2Cited by1 opinion

  1. Lincoln v. BuckmasterSupreme Court of Vermont · 1860

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