Jones & Tibbets v. Hard
Supreme Court of Vermont
Book account. — The account presented by the plaintiffs was for a quantity of brandy, amounting to sixty-four dollars and fifty cents, and a quantity of gin amounting to forty-two dollars, together with interest from April 6th, 1853, and in regard to these items the auditor reported the following facts : From 1851 until the time of trial, the plaintiffs resided and did business in the city of New York, as importers of and dealers in intoxicating liquors.
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Book account. — The account presented by the plaintiffs was for a quantity of brandy, amounting to sixty-four dollars and fifty cents, and a quantity of gin amounting to forty-two dollars, together with interest from April 6th, 1853, and in regard to these items the auditor reported the following facts : From 1851 until the time of trial, the plaintiffs resided and did business in the city of New York, as importers of and dealers in intoxicating liquors. The defendant, during the same period, was a resident of Westford in this State, and there followed the business of a tavern keeper, but had…
1Opinion of the CourtBarrett, J.
The original negotiation for the purchase of the liquor charged in the plaintiffs’ account failed of becoming perfected into a sale by reason of the failure of the plaintiffs to forward it in compliance with their agreement. It had been forwarded to the defendant’s address by the mark agreed upon, but was directed to a wrong town. For this reason it failed of going seasonably hito his hands. When it became known by the plaintiffs that the defendant had not received the liquor, and that he declined to receive it because it had not come to him within the time agreed, they requested him to seek…
2Cases cited2 opinions
- General Interest Insurance v. RugglesSupreme Court of the United States · 1827
- Backman v. WrightSupreme Court of Vermont · 1855
3Cited by1 opinion
- State v. WadeSupreme Court of Vermont · 1890