Peter St. Martin & Co. v. Thrasher
Supreme Court of Vermont
This was an action of assumpsit, and was referred to a referee, to be beard aad decided according to law. Upon the coming" in of the referee’s report, the defendant filed exceptions thereto, for the erroneous rulings -of the referee in excluding testimony. .The court, at the September Term, 1867, Rierpoi-nt, Ch. J., presiding, pro forma, overruled said exceptions, — to which the defendant excepted.
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This was an action of assumpsit, and was referred to a referee, to be beard aad decided according to law. Upon the coming" in of the referee’s report, the defendant filed exceptions thereto, for the erroneous rulings -of the referee in excluding testimony. .The court, at the September Term, 1867, Rierpoi-nt, Ch. J., presiding, pro forma, overruled said exceptions, — to which the defendant excepted. The court, pro forma, rendered Judgment on the report of the referee for the defendant, — to which the plaintiffs excepted. The facts found by the referee, essential to an understanding of the…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
The principal question in dispute before the referee was as to the mode of measuring the stone dressed by the plaintiffs under a written contract at a specified price per foot. The defendant insists that this question is conclusively settled in his favor by the award of one Hale, to. whom he claims the question was submitted for final decision. The plaintiffs claim that St. Miartin never agreed to submit the question to Hale, for decision, nor consented to such submission ; aud the referee so finds the fact; unless by his relation as partner he…
2Cases cited3 opinions
- Hart v. HammettSupreme Court of Vermont · 1846
- Harrington v. HighamNew York Supreme Court · 1853
- Onion v. RobinsonSupreme Court of Vermont · 1843
3Cited by4 opinions
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- Grout Bros. v. MoultonSupreme Court of Vermont · 1906
- Cilley v. BaconSupreme Court of Vermont · 1915
- Walker v. BeanSupreme Court of Minnesota · 1886