Patton v. Cardiner Bros.
Supreme Court of Vermont
Assumpsit. Plea, general issue. Trial by referee. Hearing on report, Washington county, March Term, 1899, Thompson, J., presiding. Judgment for the plaintiff. Defendants excepted. The referee found the defendant indebted to the plaintiff in the sum of $247.51. One of the items in dispute was a credit of $125, which the defendants asked on account of a monument that they claimed to have sold to the plaintiff.
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Assumpsit. Plea, general issue. Trial by referee. Hearing on report, Washington county, March Term, 1899, Thompson, J., presiding. Judgment for the plaintiff. Defendants excepted. The referee found the defendant indebted to the plaintiff in the sum of $247.51. One of the items in dispute was a credit of $125, which the defendants asked on account of a monument that they claimed to have sold to the plaintiff. The referee reported the facts in respect to this item, and disallowed it on the ground that on the facts there was as matter of law no sale of the monument. The facts in relation to this…
1Opinion of the CourtHowell, J.
The defendants offered to sell a monument to the plaintiff for $125, to apply on account. The plaintiff said, “ I will take it.” There was no delivery, but the monument remained in the defendants’ possession till it was attached in this *48suit. The defendants considered it a sale and a payment of so much, but the plaintiff did not so consider it. But there was an offer and an unconditional acceptance, identical with the terms of the offer, made, for aught that appears, with the intention on both sides of creating or changing legal relations. Had it appeared that the plaintiff misunderstood the…
2Cases cited3 opinions
- Fletcher v. HowardSupreme Court of Vermont · 1826
- Bemis v. MorrillSupreme Court of Vermont · 1865
- Jewett v. WinshipSupreme Court of Vermont · 1869
3Cited by2 opinions
- Island Pond National Bank v. LacroixSupreme Court of Vermont · 1932
- Bondi Bros. v. Holbrook Grocery Co.Supreme Court of Vermont · 1923