Legal Opinion

Cutler & Martin v. Skeels

Supreme Court of Vermont

Decided October 15, 1896PublishedCited by 13 opinions

General Assumpsit. Plea, the general issue. Trial by-jury at the March Term, 1895, Washington County, Start, J., presiding. The action was for the price of a pair of oxen. The oxen, while alive, were sold, by description, through Howard P. Martin as the plaintiffs’ agent, to be dressed and delivered at the defendant’s market in Barre at seven cents per pound.

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General Assumpsit. Plea, the general issue. Trial by-jury at the March Term, 1895, Washington County, Start, J., presiding. The action was for the price of a pair of oxen. The oxen, while alive, were sold, by description, through Howard P. Martin as the plaintiffs’ agent, to be dressed and delivered at the defendant’s market in Barre at seven cents per pound. The defendant’s evidence tended to show an express warranty that the oxen were not over five or six years old, a strictly fancy pair, and fit to hang in the defendant’s windows as an advertisement, and that the price was for that reason…

1Opinion of the Court

Taft, J.(1) The plaintiff Martin in response to a question, testified that he gave Howard P. Martin instructions in regard to the sale of the cattle. No objection was made to the question, but in answering it he stated that he authorized him to sell them for seven cents a pound, and added, “that they were worth that, as he understood cattle were bringing that in Barre.” It is insisted that the admission of this latter remark was error; It was not in response to the question.

That error cannot be predicated upon an improper answer to a proper question, see numerous Vermont cases. But the answer…

2Cited by13 opinions

  1. Sheldon v. WrightSupreme Court of Vermont · 1907
  2. Fadden v. McKinneySupreme Court of Vermont · 1914
  3. State v. RyderSupreme Court of Vermont · 1908
  4. In re DexterSupreme Court of Vermont · 1919
  5. Plummer v. RickerSupreme Court of Vermont · 1898

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