Austin v. Berry
Supreme Court of Vermont
This was an action of book account in which there had been a judgement to account, and an auditor appointed to adjust the claims of the parties, who had made his report to the county court where the action was pending.
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This was an action of book account in which there had been a judgement to account, and an auditor appointed to adjust the claims of the parties, who had made his report to the county court where the action was pending. From this report it appeared that the defendants had made a contract with the plaintiff to deliver to them an indefinite number of saw-logs; that in pursuance of said contract they had received from him a quantity of logs, and had undertaken to keep an account of the number delivered, and that the plaintiff, relying wholly on the accuracy of the defendants’ books, did not keep…
1Opinion of the Court
After argument, the opinion of the court was delivered by
Williams, J.
The auditor, to whom the book accounts of the parties were referred made a report in favor of the plaintiff, to which exceptions were taken, and the county court accepted the report and rendered judgement thereon for the plaintiff. On the facts found and stated by the auditor, he decided that the accounts between the parties were not settled ; that an action ots book could be maintained to recover the articles charged by the plaintiff, and further, that if the accounts were settled, that fact should have been pleaded in bar…
2Cited by1 opinion
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