Legal Opinion

Paige v. Fullerton Woolen Co.

Supreme Court of Vermont

Decided March 15, 1854PublishedCited by 9 opinions

Contract. Waiver. Book account. The disputed items in the plaintiff’s account, were charges for labor upon a dwelling house of the defendants, performed by the plaintiff, in the years 1847 and 1848, in reference to which the auditor reported the following facts.

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Contract. Waiver. Book account. The disputed items in the plaintiff’s account, were charges for labor upon a dwelling house of the defendants, performed by the plaintiff, in the years 1847 and 1848, in reference to which the auditor reported the following facts. In August, 1847, the parties entered into a verbal contract, by which the plaintiff agreed to do all the wood-work of a house, which the defendants were then building, and for which they were to furnish the materials, for the sum of nine hundred dollars; this being the plaintiff’s proposition, which the defendants accepted. It was at…

1Opinion of the Court

*487The opinion of the court was delivered hy

Bennett, J.

The only question in this case is, whether the plaintiff was entitled to charge for his services by the day, or whether the special contract must govern the rate of compensation. From the facts reported, and especially from the fact that the plaintiff underlet portions of the work, it is evident 'the parties supposed it was to be done under a special contract, — and it seems the plaintiff admitted, before the auditor, that he went on with the job, until a large portion of the work was done, as if by the contract, and with the expectation…

2Cited by9 opinions

  1. Priest v. OehlerSupreme Court of Missouri · 1931
  2. Power Service Corporation v. JoslinCourt of Appeals for the Ninth Circuit · 1949
  3. Riggins v. Missouri River, Fort Scott & Gulf RailroadSupreme Court of Missouri · 1881
  4. Lynn v. RichardsonSupreme Court of Iowa · 1911
  5. Robert E. Lee Silver Mining Co. v. Omaha & Grant Smelt. & Ref. Co.Supreme Court of Colorado · 1891

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