Harrington v. Wells
Supreme Court of Vermont
The plaintiff commenced an action against the defendant. The defendant filed a declaration on book to recover against the plaintiff a balance due the defendant, that it might be pleaded in offset to the plaintiff’s claim.
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The plaintiff commenced an action against the defendant. The defendant filed a declaration on book to recover against the plaintiff a balance due the defendant, that it might be pleaded in offset to the plaintiff’s claim. Judgment to account having been rendered by the county court in the declaration on book, an auditor was appointed, who afterwards reported, that the defendant, Wells, presented an account against the plaintiff Harrington, for a chaise and harness, in relation to which the auditor found that Harrington was at Wells’ house, in Middlesex, in July, 1831, at which time Wells…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
— From the auditor’s report in this case, we cannot consider the contract concerning the chaise, as any *509thing else, but an absolute, unconditional sale. If so, the plaintiff had no right to return it and thus rescind the contract, unless the defendant was guilty of fraud in the sale, which was not found by the auditor. Thornton v. Wynn, 12 Wheaton’s R. 183, S. C. 6 Pet. Conch R. 508. Strut v. Blay, 2 Barn. & Adol. 456, S. C. 22 Eng. C. L. 122.
2. We do not see how the plaintiff can reduce the defendant’s claim for the chaise to a mere…
2Cited by6 opinions
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- Nash v. HoxieWisconsin Supreme Court · 1884
- Giddings v. Giddings's AdministratorSupreme Court of Vermont · 1878
- Nelson & Wallace v. GibsonSupreme Court of Vermont · 1916
- Brunsvold v. MedgordenSupreme Court of Iowa · 1915
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