Gunnison v. Bancroft
Supreme Court of Vermont
This was an action of book account. Judgment to account was rendered in the county court and an auditor appointed, who reported the accounts of the parties and the facts found by him relating to the items in dispute. The plaintiff’s account commenced in May, 1835, a.nd ended in June 1836, and was principally for boots and shoes.
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This was an action of book account. Judgment to account was rendered in the county court and an auditor appointed, who reported the accounts of the parties and the facts found by him relating to the items in dispute. The plaintiff’s account commenced in May, 1835, a.nd ended in June 1836, and was principally for boots and shoes. An item in the defendant’s account, under date of Sept. 28, 1836, was as follows ;— “To use of my house, one year, $20,00”;— In relation to which, the auditor reported; — that, a short time previous to the 28th day of Sept. 1836, the plaintiff hired a house of the…
1Opinion of the Court
The opinion of the; court was delivered by
Redfield, J. — The only question to be determined in this case, is, whether the defendant can, under the circumstances of the case, be allowed the charge in his account for rent of a house.
The boots and shoes, charged by'the plaintiff to the defendant, were delivered partly in the Year 1836, and partly in the year 1837, but all during the'year for which the house was hired.
The auditor reports, that the defendant expected to receive the shoes and boots towards the rent, as well those delivered in 1836 as in 1837 ; but that the plaintiff did not expect…
2Cited by9 opinions
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