Gibbs v. Benjamin
Supreme Court of Vermont
Book account. The facts reported by the auditor sufficiently appear in the opinion of the court. The court, at the March term,' 1871, Rutland county, Wheeler, J., presiding, rendered judgment on the report for the plaintiff for the price of the wood sued for. Exceptions byjbe defendant.
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Book account. The facts reported by the auditor sufficiently appear in the opinion of the court. The court, at the March term,' 1871, Rutland county, Wheeler, J., presiding, rendered judgment on the report for the plaintiff for the price of the wood sued for. Exceptions byjbe defendant. The aggregatio ]mentium necessary to constitute a contract, is wanting in this case. 4 Wheat. 228; 6 Wend. 108 ; Vassor v. Gomp, 11 N. Y. 449; Trevor v. Wood, 86 lb. 807 ; Beabin Y. Hyde, 32 Jb. 519. There was no agreement, because the minds of the parties could not meet till the quantity, price, The contract,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is book account to recover the price of cord wood alleged by the plaintiff to have been sold the defendant in April, 1869. Most of the wood was piled on the margin of Lake Champlain, on plaintiff’s farm, in Benson, in this state Two small parcels of the wood were on the opposite shore of the lake. About a week after the negotiation (which plaintiff claims was a sale), the wood was carried away by the flood of the lake, and lost. The report of the auditor gives a minute detail of every incident of the negotiation, and submits…
2Cases cited5 opinions
- Ward v. ShawNew York Supreme Court · 1831
- Hutchins v. GilchristSupreme Court of Vermont · 1850
- Spencer v. HaleSupreme Court of Vermont · 1858
- Hale v. HuntleySupreme Court of Vermont · 1849
- Birge v. EdgertonSupreme Court of Vermont · 1856
3Cited by10 opinions
- Rosenthal Bros. v. Kahn Bros.Oregon Supreme Court · 1890
- Kemensky v. ChapinMassachusetts Supreme Judicial Court · 1907
- Galloway v. WeekWisconsin Supreme Court · 1882
- Patterson & Holden v. Sargent, Osgood & Roundy Co.Supreme Court of Vermont · 1910
- Griswold, Pearl & Co. v. ScottSupreme Court of Vermont · 1894
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