Gibson v. Vail
Supreme Court of Vermont
This case was heard at the March Term, 1880, upon the report of a referee and exceptions thereto; the court rendered judgment thereon for defendant to recover her costs. Yeazey, J., presiding. The referee reported: I find that the plaintiff is a farmer, residing in Mount Holly, in the county of Rutland, and is also engaged in selling milk pans, known to the trade and among farmers as the “ Gilt Edge Milk Pan.”
Read the full summary
This case was heard at the March Term, 1880, upon the report of a referee and exceptions thereto; the court rendered judgment thereon for defendant to recover her costs. Yeazey, J., presiding. The referee reported: I find that the plaintiff is a farmer, residing in Mount Holly, in the county of Rutland, and is also engaged in selling milk pans, known to the trade and among farmers as the “ Gilt Edge Milk Pan.” In conducting the business of selling these pans, the wife of the plaintiff travels about the country taking orders and delivering and putting in operation the pans in which the…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
This is an action of indebitatus assumpsit to recover the price of one set of “ Gilt Edge ” milk pans. The contract, made with the wife of the plaintiff, acting as her husband’s agent, was in writing, in the following words, viz.:
*480Mount Holly, Yt., May 31st, 1878.
Mrs. J. P. Gibson:
You will please send me on the 20th day of June next, one set of GILT-EDGE MILK PANS, for 30 cows, (capacity 60 U. S. Gallons,) for which I agree to pay you as follows : $120, one hundred and twenty dollars, these pans are set on thirty days trial, warranted to make…
2Cited by7 opinions
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- McCormick Harvesting Machine Co. v. ChesrownSupreme Court of Minnesota · 1884
- Haney-Campbell Co. v. Preston Creamery Ass'nSupreme Court of Iowa · 1903
- McCormick Harvesting Machine Co. v. CochranMichigan Supreme Court · 1887
- Exhaust Ventilator Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
2 more not listed; retrieve them via the Exa API.