Legal Opinion

Dennis v. Stoughton

Supreme Court of Vermont

Decided February 15, 1883PublishedCited by 6 opinions

Assumpsit. Heard on the report of a referee, December Term, 1882, Taft, J., presiding. Judgment for the plaintiff to recover $291.75. The judgment was made up of the price of a cider press,-$200 ; power attachment with chain belt, $45 ; interest, $34.64; and some other small .items connected with the press.

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Assumpsit. Heard on the report of a referee, December Term, 1882, Taft, J., presiding. Judgment for the plaintiff to recover $291.75. The judgment was made up of the price of a cider press,-$200 ; power attachment with chain belt, $45 ; interest, $34.64; and some other small .items connected with the press. It appeared that the plaintiff in 1878 had sold to one Ames a cider press with counter-shaft attachment; that he arranged with Ames to give him a commission of ten per cent, on all presses sold by him, but he had no power to make prices or collect the pay ; that the plaintiff did not begin…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The defendant supposed he had ordered a press with counter-shaft attachment. When it came he found it was a press with power attachment with chain-belt. He knew what he had received and what the plaintiff’s price was for the same ; that the power attachment with chain-belt was forty-five dollars, while with counter-shaft it was but seventeen dollars. By setting up and using the press and power attachment with chain-belt he accepted *375the same, and bound himself to pay the price which he knew the plaintiff asked for that kind of press and…

2Cases cited3 opinions

  1. Davenport v. HubbardSupreme Court of Vermont · 1873
  2. Gilson v. BinghamSupreme Court of Vermont · 1871
  3. Town of Hartland v. HenrySupreme Court of Vermont · 1872

3Cited by6 opinions

  1. Colt v. . KimballSupreme Court of North Carolina · 1925
  2. Anderson v. SloaneWisconsin Supreme Court · 1888
  3. Gordon's Admr. v. HotchkissSupreme Court of Vermont · 1909
  4. Est. of White v. Est. of WhiteSupreme Court of Vermont · 1897
  5. Thorp v. Thorp's EstateSupreme Court of Vermont · 1902

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