Legal Opinion

Whitcomb v. Woodworth

Supreme Court of Vermont

Decided January 15, 1882PublishedCited by 10 opinions

Heard on referee’s report, September Term, 1881, Powers, J., presiding. Judgment for the defendant. The referee found: On April 1st, 1878, the plaintiff and D. W. Weston made a bargain or agreement with reference to a certain organ.

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Heard on referee’s report, September Term, 1881, Powers, J., presiding. Judgment for the defendant. The referee found: On April 1st, 1878, the plaintiff and D. W. Weston made a bargain or agreement with reference to a certain organ. The bargain or agreement was reduced to writing, and was in these words and figures: Burlington, Yt., Arril 1st, 1878. This certifies that I have hired of W. H. S. Whitcomb, of Burlington, one Smith American Organ, style 7, (it being the organ delivered to me by L. R. Austin for said Whitcomb,) in the following terms : fifty-seven dollars and fifty ceüts to be…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The contract of April 1, 1878, we think, was, in legal effect, a conditional sale of the organ from the plaintiff to Weston. The amount stipulated to be paid, as rent, for the use of the organ, for one year, was the full value of the organ. For the last payment the plaintiff took Weston’s note with a surety. There is no provision in the contract, by which Weston could return the organ at the end of the year, or at any other time, an essential element in a lease or bailment. The clause in the contract : “ It is expressly understood that until…

2Cases cited1 opinion

  1. Flanagan v. WoodSupreme Court of Vermont · 1860

3Cited by10 opinions

  1. Union Stock-Yards & Transit Co. v. Western Land & Cattle Co.Court of Appeals for the Seventh Circuit · 1893
  2. Vermont Acceptance Corp. v. WiltshireSupreme Court of Vermont · 1931
  3. Clark v. ClementSupreme Court of Vermont · 1903
  4. Coover v. JohnsonSupreme Court of Missouri · 1885
  5. Collender Co. v. MarshallSupreme Court of Vermont · 1884

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