Winn v. Southgate
Supreme Court of Vermont
Book Account. ' Judgment to account was rendered in the county court, and an auditor was appointed, who reported, in substance, as follows. The main charge in the plaintiff’s account was for labor for the ■defendant for one hundred and thirty one days and a half. The defendant’s account consisted of charges of payments made by him to the plaintiff, for the labor, from time .to time, while the plaintiff was performing the labor.
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Book Account. ' Judgment to account was rendered in the county court, and an auditor was appointed, who reported, in substance, as follows. The main charge in the plaintiff’s account was for labor for the ■defendant for one hundred and thirty one days and a half. The defendant’s account consisted of charges of payments made by him to the plaintiff, for the labor, from time .to time, while the plaintiff was performing the labor. It appeared that the plaintiff was a journeyman tailor.^ and the defendant was a merchant tailor. In May, 1841, the defendant entered into a contract with the…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
The only question in this case is, whether the plaintiff, by leaving the employment of the defendant, forfeited any claim for the balance of his account; — for it is only the balance, that is to be affected. If the defendant chose to make payments, before the contract had been fulfilled, he cannot recover them back.
The plaintiff contracted to labor six months. He left, before the time had expired, without any cause, that was attributable to the defendant, — nor was it on account of any interposition of providence. It then rests upon the…
2Cited by4 opinions
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- Bast v. ByrneWisconsin Supreme Court · 1881
- Hanuu v. WilliamsHawaii Supreme Court · 1860
- Jordan v. FitzSupreme Court of New Hampshire · 1884