Green v. Merriam
Supreme Court of Vermont
Book account. The plaintiff’s account was as follows. “ Feb. 23,1854, “ To one ox-yoke, . $1 50 “ 16 sheep at $5 each, 80 00 “ Keeping sheep 2 days by agreement, 50 “ Feb. 25, 1855, By cash, $1 50 which the auditor allowed as charged, subject to the opinion of the court upon the following fact's.
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Book account. The plaintiff’s account was as follows. “ Feb. 23,1854, “ To one ox-yoke, . $1 50 “ 16 sheep at $5 each, 80 00 “ Keeping sheep 2 days by agreement, 50 “ Feb. 25, 1855, By cash, $1 50 which the auditor allowed as charged, subject to the opinion of the court upon the following fact's. Sometime prior to the 23d of February, 1854, the plaintiff advertised that on that day he would sell at auction, at his residence in Sheffield, a large amount of personal property enumerated in his advertisement, and on that day he employed one James Roberts, as his auctioneer, to sell said property;…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
It is claimed by the defendant that there can be no recovery by the plaintiff, because of the statute for the prevention of frauds and perjuries, (Comp. Stat. chap. 64,) but as applied to the facts of this case, the objection cannot be sustained. The only controversy is in relation to the sheep. The ox-yoke had been specifically paid for. The sheep as well as the ox-yoke were sold at public auction, and the defendant bid them off at the prices charged in the plaintiff’s account. The plaintiff employed Boberts as his auctioneer, and^he…
2Cited by4 opinions
- Strong, Whitney & Co. v. DoddsSupreme Court of Vermont · 1875
- Bicknell v. Owyhee Sheep & Land Co.Idaho Supreme Court · 1918
- Griswold, Pearl & Co. v. ScottSupreme Court of Vermont · 1894
- Burlington Grocery Co. v. DornSupreme Court of Vermont · 1923