Nelson & Wallace v. Gibson
Supreme Court of Vermont
Book' Account. Heard on the report of the auditor and exceptions thereto by both parties at the June Term,, 1915, Caledonia County, Miles, J., presiding. Judgment on the report for the plaintiff. Both parties excepted. The opinion states the case. The court erred in disallowing the sum of $781.58 found by the auditor to be due and owing the plaintiffs for brick sold by them to the defendant, under an agreement with the defendant that payment was to be made in kind.
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Book' Account. Heard on the report of the auditor and exceptions thereto by both parties at the June Term,, 1915, Caledonia County, Miles, J., presiding. Judgment on the report for the plaintiff. Both parties excepted. The opinion states the case. The court erred in disallowing the sum of $781.58 found by the auditor to be due and owing the plaintiffs for brick sold by them to the defendant, under an agreement with the defendant that payment was to be made in kind. The defendant cannot excuse himself for failing to return the brick to the plaintiffs, because no demand was made upon him to do…
1Opinion of the CourtTaylor, J.
This is an action on book account heard in the court below on an auditor’s report and exceptions thereto by both parties. The exceptions were overruled and judgment was entered on the report for the sum found due the plaintiffs by the auditor after deducting one item that had been allowed by the auditor and a second item, as to Avhich he made an alternative finding and submitted its allowance or disallowance to the court. The case is here on defendant’s exceptions to the overruling of his exceptions to the report and on plaintiffs’ exceptions to the action of the court on the report. The only…
2Cases cited21 opinions
- Davis v. FieldSupreme Court of Vermont · 1884
- Lapham v. KellySupreme Court of Vermont · 1862
- McKinnie v. LaneIllinois Supreme Court · 1907
- Way v. WakefieldSupreme Court of Vermont · 1835
- Bates v. SabinSupreme Court of Vermont · 1892
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3Cited by5 opinions
- Kellogg v. ShusherebaSupreme Court of Vermont · 2013
- Raven Red Ash Coal Co. v. BallSupreme Court of Virginia · 1946
- Harrell v. F. H. Vahlsing, Inc.Court of Appeals of Texas · 1952
- Stoddard & Son v. Village of North TroySupreme Court of Vermont · 1930
- Kellogg v. ShusherebaSupreme Court of Vermont · 2013