City Electrical Service & Equipment Co. v. Estey Organ Co.

This case has been here previously, 116 Vt 435, 77 A2d 835. It is an action whereby the plaintiff seeks to recover the price of certain goods ordered by the defendant. Trial was by jury with a verdict and judgment for the defendant. The case is here on the plaintiff’s bill of exceptions which states that the transcript shall control as to the exceptions-allowed the plaintiff.

The plaintiff claims that the court erred in failing to fully charge the jury on the law relating to rescission of the contract and quotes from Estate of Delligan, 111 Vt 227 at 239, 13 A2d 282, 289 : “The court, though…