Agnostines v. C. F. Fenn & Co.
Supreme Court of Vermont
General Assumpsit. Plea, tbe general issue. Trial by-jury at the September Term, 1910, Washington County, Hall J., presiding. Verdict and judgment for the defendant. Plaintiff excepted. The opinion states all that the record shows of the case.
1Opinion of the CourtMunson, J.
The suit is to recover the price of a monument which was duly delivered. Defendants claimed that certain dark stains afterwards appeared on it, and plaintiff claimed that the stains, if any in fact existed, got into the granite after it was shipped. The court admitted evidence contained in the deposition of one of the defendants, to the effect that after the monument was set up he received from W. J. Dingle a complaint that it was discolored. This was objected to as being a complaint from a party foreign to the contract, and therefore immaterial; and it was admitted solely for the purpose *159■of…
2Cited by1 opinion
- R. C. Bowers Granite Co. v. Drew Daniels Granite Co.Supreme Court of Vermont · 1917