Bundy v. Ayer
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported that the plaintiffs presented an account against the defendant for a cooking stove and pipe, in reference to the sale of which the facts were as follows.
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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported that the plaintiffs presented an account against the defendant for a cooking stove and pipe, in reference to the sale of which the facts were as follows. In September, 1843, the plaintiffs sold and delivered to Lucius Ayer, son of the defendant, a cooking stove and pipe at the price of twenty eight dollars, and received therefor a promissory note payable at a future day. Lucius Ayer subsequently became embarrassed in pecuniary matters and proposed to the plaintiffs to rescind the…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
In order to enable the plaintiffs to maintain this suit, the facts proved at the hearing before the auditor must be sufficient to shew a sale and delivery of the property in question, by the plaintiffs to the defendants. It was so held in Read v. Barlow, 1 Aik. 145, and in the same case, when again before the court, reported in 1 Vt. 97. Nor can this action be sustained, unless the facts shew, that there has been an executed and perfected contract and sale of the stove, to the defendant. It was so decided in Carpenter v. Dole, 13 Vt. 578. Do…
2Cases cited3 opinions
- Carpenter v. DoleSupreme Court of Vermont · 1841
- Read v. BarlowSupreme Court of Vermont · 1826
- Barlow v. ReadSupreme Court of Vermont · 1828
3Cited by1 opinion
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855