Ladd v. Lord & Gillett
Supreme Court of Vermont
Action on the case for false representations as to the sound-. of a yoke of oxen. • The case was referred and the referee reported in substance as follows : The defendant Gillett owned a farm in Thetford, Vt., which the defendant, Lord, carried on one year, beginning with the first of March, 1860. Gillett put a yoke of oxen on the farm for Lord to use, at an appraised value of $114, Lord to pay the interest on one half of their appraised value, and both to share in the…
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Action on the case for false representations as to the sound-. of a yoke of oxen. • The case was referred and the referee reported in substance as follows : The defendant Gillett owned a farm in Thetford, Vt., which the defendant, Lord, carried on one year, beginning with the first of March, 1860. Gillett put a yoke of oxen on the farm for Lord to use, at an appraised value of $114, Lord to pay the interest on one half of their appraised value, and both to share in the profit if they sold for more than $114, and in the loss if they sold for less than that sum. Lord had no further interest in…
1Opinion of the CourtAldis, J.
This case comes before us upon a report ofreferees —and by the established 'practice in such cases the report will not be set aside for any defects which might be cured by amendment. It is the object of the parties in selecting such a tribunal to try the merits of their controversy. Hence the question of variance may be passed by without further comment.
The real question is whether both of these defendants can be held liable upon the facts reported.
"VYe do not deem it necessary to inquire what the relation between-these parties was — whether thatof partners, jointowners, or principal and…
2Cases cited1 opinion
- Jeffrey v. BigelowNew York Supreme Court · 1835
3Cited by3 opinions
- Windham Provident Institution for Savings v. SpragueSupreme Court of Vermont · 1871
- Gove & Co. v. Island City Mercantile & Milling Co.Oregon Supreme Court · 1888
- Boyer v. Edgemont Investment Co.Oregon Supreme Court · 1931