Gilman v. Hall
Supreme Court of Vermont
This was an action of book account. Judgment to account having been rendered by the county court, an auditor was appointed, who reported the accounts of the parties.
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This was an action of book account. Judgment to account having been rendered by the county court, an auditor was appointed, who reported the accounts of the parties. The items of the plaintiffs’ account are as follows ;— 1837, July — No. 1 To building 15 rods whole wall $15,00 2 “ “ 18 i:' half wall, 9,00 3 To one stone drag, 3,00 4 To building 20 rods whole wall 20,00 5 “ “ 5 “ “ 5,00 6 “ “ I'll “ half wall 8,75 7 “ “ 8 “ “ “ 4,00 8 To butchering sheep 25 9 To cleaning out barn and laying stable floor 1,50 10 To use of cart to draw plank 50 11 To butchering sheep 25 12 To cleaning away old…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
Two questions are raised in the argument of this case : are the plaintiffs entitled to maintain an action for the balance due them ? and, if so, can such action be brought before the expiration of the year ? It is urged that the plaintiffs, having failed to build a part of the whole wall quite four and a half feet high, as they had contracted to do, have forfeited the right to recover. It will be seen from the report, that the auditor finds that the plaintiffs have built $60 worth of wall, at the prices stipulated, though a part of the whole…
2Cited by12 opinions
- Leo Spear Construction Company, Inc. v. The Fidelity and Casualty Company of New York and Brookfield-Baylor, a Joint VentureCourt of Appeals for the Second Circuit · 1971
- Booth v. TysonSupreme Court of Vermont · 1843
- Carter v. Sherburne CorporationSupreme Court of Vermont · 1974
- Kelly & Bragg v. Town of BradfordSupreme Court of Vermont · 1860
- Viles v. Barre & Montpelier Traction & Power Co.Supreme Court of Vermont · 1906
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