Patterson & Holden v. Sargent, Osgood & Roundy Co.
Supreme Court of Vermont
General Assumpsit for goods sold and delivered. Pleas, the general issue and a special plea relying on the Statute of Frauds. Trial by court on an agreed statement of facts at the December Term, 1909, Orange County, Waterman, J., presiding. Judgment, pro forma, for the plaintiffs. The defendant excepted.
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General Assumpsit for goods sold and delivered. Pleas, the general issue and a special plea relying on the Statute of Frauds. Trial by court on an agreed statement of facts at the December Term, 1909, Orange County, Waterman, J., presiding. Judgment, pro forma, for the plaintiffs. The defendant excepted. The agreed statement alleges that a few days before the breaking spoken of in the opinion ‘ ‘ a trade was made between the plaintiffs and defendant that the defendant should have all of the machinery and iron ware about the mill ruins and in the place it then was for the price of $350 payable…
1Opinion of the CourtMunson, J.
The suit is brought to recover the price of goods sold, and the question is whether there was an acceptance sufficient to satisfy the statute of frauds. The property consisted of a gasoline engine, a water wheel, a steel grinder, a corn cracker, and certain shafting, pulleys, sprockets and other iron ware, all of which had been used in a grist mill burned two years before, and most of which, exclusive of the gasoline engine, was in the basement of the mill, where it had remained undisturbed since the fire. The main value of the property was in the engine and wheel. The wheel was understood to…
2Cases cited4 opinions
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- Spencer v. HaleSupreme Court of Vermont · 1858
- W. R. Danforth & Co. v. WalkerSupreme Court of Vermont · 1867
- Gibbs v. BenjaminSupreme Court of Vermont · 1872
3Cited by5 opinions
- LaFountain & Woolson Co. v. BrownSupreme Court of Vermont · 1917
- Camp v. BarberSupreme Court of Vermont · 1913
- McDonald v. PlaceSupreme Court of Vermont · 1914
- Burlington Grocery Co. v. McGreggsSupreme Court of Vermont · 1923
- Hoffman v. Wisconsin Lumber Co.Missouri Court of Appeals · 1921