Brown v. West, Stone & Co.
Supreme Court of Vermont
Assumpsit. Plea, general issue, with declaration in offset. Heard upon the repoi-t of a referee at the December Term, 1895, Windsor County, Rowell, J., presiding. The referee found that if the plaintiff was entitled to the discounts he should have judgment for a sum stated, otherwise judgment should be for the defendants. Fair dealing required the plaintiff to inquire of the principals rather than connive with the agent in attempting to reap the benefit of a breach of trust.
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Assumpsit. Plea, general issue, with declaration in offset. Heard upon the repoi-t of a referee at the December Term, 1895, Windsor County, Rowell, J., presiding. The referee found that if the plaintiff was entitled to the discounts he should have judgment for a sum stated, otherwise judgment should be for the defendants. Fair dealing required the plaintiff to inquire of the principals rather than connive with the agent in attempting to reap the benefit of a breach of trust. He was put upon inquiry by the information he received. Mussey v. Beecher, 3 Cush. 511; Quinlan v. Insurance Co., 133…
1Opinion of the CourtTyler, J.
In July, August and September, 1892, the plaintiff was a retail merchant in Ludlow in this State and the defendants were wholesale grocers in Springfield, Mass. They had in their employment one Andrews as a traveling salesman who was under instructions from them to sell certain “limited goods,” so called, according to price lists which they furnished him, and at no other prices, and to make collections and receipt bills in their name as rendered from their office. The defendants were under an express contract with the manufacturers of these goods not to sell them for less than the fixed…
2Cases cited2 opinions
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Griggs v. SeldenSupreme Court of Vermont · 1886
3Cited by3 opinions
- Bascombe v. InferreraMassachusetts Supreme Judicial Court · 1930
- Aetna Chemical Co. v. Spaulding & Kimball Co.Supreme Court of Vermont · 1924
- Burton v. BrownWisconsin Supreme Court · 1935