Clark v. Smith
Supreme Court of Vermont
Trover for a quantity of boards and chair-backs. The facts were agreed to be as follows : On January 1, 1878, Damon E. Cheney, who then owned a mill, farm, and wood-lot in Halifax, agreed with Frank S. Fairbanks that Fairbanks should cut logs on said lot, haul them to the mill, and manufacture them “ into chair-backs, or other kinds of manufactured wares ” such as Cheney might “ deem the most profitable”, should carry on the farm in connection with the mill, and furnish his…
Read the full summary
Trover for a quantity of boards and chair-backs. The facts were agreed to be as follows : On January 1, 1878, Damon E. Cheney, who then owned a mill, farm, and wood-lot in Halifax, agreed with Frank S. Fairbanks that Fairbanks should cut logs on said lot, haul them to the mill, and manufacture them “ into chair-backs, or other kinds of manufactured wares ” such as Cheney might “ deem the most profitable”, should carry on the farm in connection with the mill, and furnish his own oil, files, &o.; that Cheney should furnish timber in the lot, put the mill in running order, market the…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The first question is as to the ownership of the boards and chair stock attached, as between Damon E. Cheney and Fairbanks. Cheney, owning the timber lot and mill, entered into a contract with Fairbanks by which the latter was to cut and draw in the logs, and saw and manufacture them “ into chair-backs or other kinds of manufactured wares that the said Cheney may deem the most profitable”, furnishing his own oil, &c., after the mill was put in running order by Cheney. Cheney was to market the manufactured goods and make the collections. They…
2Cases cited4 opinions
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
- Irish v. CloyesSupreme Court of Vermont · 1836
- Muzzy v. WhitneyNew York Supreme Court · 1813
3Cited by4 opinions
- Sheldon v. LittleSupreme Court of Vermont · 1940
- Farmers' Exchange v. BrownSupreme Court of Vermont · 1934
- Deavitt v. HookerSupreme Court of Vermont · 1901
- Goodrich v. ChappellSupreme Court of Vermont · 1916