Blish v. Granger
Supreme Court of Vermont
This was an action on book account, referred in the county-court to auditors, who, upon a hearing, made a special report of the facts, so far as they are important in the decision of the case, a's follows: “We find that in July¿ 1830, the defendant contracted with the plaintiffs for twenty thousand feet, or more, of round timber for y/harfing, to be delivered by the plaintiffs to the defendant, at or near the defendant’s hause-, in the village of Woodstock, in September of…
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This was an action on book account, referred in the county-court to auditors, who, upon a hearing, made a special report of the facts, so far as they are important in the decision of the case, a's follows: “We find that in July¿ 1830, the defendant contracted with the plaintiffs for twenty thousand feet, or more, of round timber for y/harfing, to be delivered by the plaintiffs to the defendant, at or near the defendant’s hause-, in the village of Woodstock, in September of the same year, 1830, at the rate and price of two dollars per thousand feet, and that said plaintiffs did so deliver said…
1Opinion of the Court
The opinion of the court was pronounced by
Williams, Ch. J.
— The auditors, having the testimony of both the plaintiffs and defendant before them, have found that the plaintiffs sold and delivered to the defendant a certain quantity of timber at a stipulated price, and there is no doubt that the parties were competent to testify to the sale, delivery and price. In every action on book, where goods sold, or services' performed, are the subjects of the charge, the delivery and the price constitute the ground of the claim ; and to exclude the party from testifying to those facts, would effectually…
2Cited by3 opinions
- McGregor v. BalchSupreme Court of Vermont · 1845
- Carpenter v. BrainerdSupreme Court of Vermont · 1864
- Hodges v. FoxSupreme Court of Vermont · 1863