Harvey v. Stevens
Supreme Court of Vermont
General assumpsit to recover the price of a mowing machine bid off by the defendant, at an auction sale, at $50. Plea-, the general issue, and trial by jury at the December term, A. D. 1869,. of the Orange county court, Peck, J., presiding. Verdict for the plaintiff and exceptions by the defendant.
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General assumpsit to recover the price of a mowing machine bid off by the defendant, at an auction sale, at $50. Plea-, the general issue, and trial by jury at the December term, A. D. 1869,. of the Orange county court, Peck, J., presiding. Verdict for the plaintiff and exceptions by the defendant. The other facts in the case are sufficiently stated in the opinion of the court, except that one of the witnesses for the plaintiff stated upon cross-examination that it was his impression that it was in some way made known by the plaintiff that six months credit would be given, if asked for, upon…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
The case shows that the book in question was the memorandum book of the auctioneer, in which the entries of the sales, as they were made by him, were actually and correctly made by his clerks, under and by his direction. No claim is made that the entries were not correctly made, nor that they are not as effectual in law as if they had been made by the auctioneer himself; and it is conceded that the auctioneer is the agent of *656both parties to the auction sale, for the purpose of making the memorandum in writing required by the statute of…
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