Barlow v. Read
Supreme Court of Vermont
This was an action upon book account, and the question before the Court arose upon the report of auditors and exception's, to their report.
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This was an action upon book account, and the question before the Court arose upon the report of auditors and exception's, to their report. The report stated, “ That sometime in the fall of “ 1823,the plaintiff, being about to leave Fairfield, where he then “resided,and where he was following the profession of the law, had “ some conversation with the defendant, (then residing, and following the profession of the law in said town,) about thé salé óf “his, the plaintiff’s library, consisting1] of the Books contained in “ the plaintiff’s account hereunto annexed, viz: 4 vols. Dallas’ “ Reports,…
1Opinion of the CourtHutchinson, J.
The court then decided that, upon the facts which then appeared in the report of the auditors, the book account action tyo.uld not lie. It appeared that the dispute was upon matter which rested in contract merely, and the books contracted about had not passed into the actual possession of the defendant Read• The cause having been again s.ent to auditors, they have returned their report to this court in favor of the defendant, and have exhibited, in support of their, report, a full statement of tire facts in the case as proved before them, and ffese facts correspond, in every material part,…
2Cited by3 opinions
- Hodges v. FoxSupreme Court of Vermont · 1863
- Bundy v. AyerSupreme Court of Vermont · 1846
- Spear v. NewellU.S. Circuit Court for the District of District of Columbia · 1859