Putnam v. Dutton
Supreme Court of Vermont
This was an action of’book account. The auditor made his report, to which exceptions were made in the county court, which were overruled ; — whereupon, the defendant excepted. The questions will sufficiently appear from the exceptions and the opinion of the court.
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This was an action of’book account. The auditor made his report, to which exceptions were made in the county court, which were overruled ; — whereupon, the defendant excepted. The questions will sufficiently appear from the exceptions and the opinion of the court. Auditor’s Report. — In pursuance of my appointment as auditor, I notified the parties to meet at the Inn of Horace Bliss, of Marsh-field, on the 18tl) day of February, 1835, for the purpose of adjusting their accounts, — at which time and place I attended, and also said parties with their attornies, and went to trial; and after a…
1Opinion of the Court
The opinion of the court was delivered by
Remfield, J.
It is first objected that the report does not show any sale of the brick charged by plaintiff. But on examining the report, it does appear that a sale and delivery of the brick was made by plaintiff to a lad living with defendant, claiming to act as his agent, and that defendant ascquiesced in the contract, and took and used them. It was agreed that defendant should execute his note for the price at the time of delivery; but be omitting to do that, the plaintiff might well charge them on book.
As the right of action accrued more than six…
2Cited by3 opinions
- Courser v. PowersSupreme Court of Vermont · 1861
- Town of Somerset v. Town of GlastenburySupreme Court of Vermont · 1889
- McDaniels v. McDanielsSupreme Court of Vermont · 1867