Farr v. Stevens
Supreme Court of Vermont
Book Account. This action came to the county court by appeal from the decision of a justice of the peace. Judgment to, account was rendered in the county court, and an auditor was appointed, who reported substantially the following facts : That in the month of January, 1851, the defendant purchased' of the plaintiff a yoke of oxen, for $95,00, that he paid the plaintiff $5,00 in cash at the time of the purchase, in part payment for the oxen, and also, at the same time, let…
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Book Account. This action came to the county court by appeal from the decision of a justice of the peace. Judgment to, account was rendered in the county court, and an auditor was appointed, who reported substantially the following facts : That in the month of January, 1851, the defendant purchased' of the plaintiff a yoke of oxen, for $95,00, that he paid the plaintiff $5,00 in cash at the time of the purchase, in part payment for the oxen, and also, at the same time, let him have a note against one J. E. Nelson, dated January 11,1851, for $90,00, payable in three months from date to the…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The auditor has reported a balance of account due the plaintiff, subject to the question whether that balance, upon the facts reported by him, has been paid or satisfied. There has .not been so great disagreement between counsel, as to the law governing the case, as there has been in relation to this facts found by the auditor ; and different constructions, in that respect, have been given to the report. If any doubt existed as to the facts in the case, a recommitment would be necessary; for it is not within the province of this court to…
2Cases cited3 opinions
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