Booth v. Tyson
Supreme Court of Vermont
This was an action of book account, in which there was a judgment to account, and reference to an auditor. The auditor reported that, on the hearing before him, the plaintiff exhibited an account against the defendant, for moulding, done in the defendant’s furnace, the just amount of which he found to be $123.88; that the defendant exhibited an account against the plaintiff, together with certain credits to plaintiff, the just balance of which, in favor of the defendant, the…
Read the full summary
This was an action of book account, in which there was a judgment to account, and reference to an auditor. The auditor reported that, on the hearing before him, the plaintiff exhibited an account against the defendant, for moulding, done in the defendant’s furnace, the just amount of which he found to be $123.88; that the defendant exhibited an account against the plaintiff, together with certain credits to plaintiff, the just balance of which, in favor of the defendant, the auditor found to be $81.49; which balance, deducted from the just amount of the plaintiff’s account, left a balance of…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
In this case, the only question is, whether that portion of the plaintiff’s claim, for moulding, upon a contract, to be paid, so much by the piece, (according to which, he has charged,) and to mould, or cast, fifty stoves of one pattern, and one hundred and fifty of the other, the contract being entire, and not performed, can be sustained. The auditor has allowed the account, according to the rule laid down in Dyer v. Jones, 8 Vt. 205, which deducts damage for the non-fulfillment of the entire contract.
There is no doubt, that, in all…
2Cases cited4 opinions
- Gilman v. HallSupreme Court of Vermont · 1839
- Dyer v. JonesSupreme Court of Vermont · 1830
- Ripley v. ChipmanSupreme Court of Vermont · 1841
- St. Albans Steam Boat Co. v. WilkinsSupreme Court of Vermont · 1836
3Cited by11 opinions
- CASS-WARNER CORPORATION v. BrickmanSupreme Court of Vermont · 1967
- Richards v. ShawIllinois Supreme Court · 1873
- McGowan v. GriffinSupreme Court of Vermont · 1896
- Auer & Twitchell v. Robertson Paper Co.Supreme Court of Vermont · 1920
- Bankers Life & Casualty Co. v. Bellanca Corp.Court of Appeals for the Seventh Circuit · 1961
6 more not listed; retrieve them via the Exa API.