Dennis v. Stoughton
Supreme Court of Vermont
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
- Davenport v. HubbardSupreme Court of Vermont · 1873
- Gilson v. BinghamSupreme Court of Vermont · 1871
- Town of Hartland v. HenrySupreme Court of Vermont · 1872
3Cited by6 opinions
- Colt v. . KimballSupreme Court of North Carolina · 1925
- Anderson v. SloaneWisconsin Supreme Court · 1888
- Gordon's Admr. v. HotchkissSupreme Court of Vermont · 1909
- Est. of White v. Est. of WhiteSupreme Court of Vermont · 1897
- Thorp v. Thorp's EstateSupreme Court of Vermont · 1902
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