Legal Opinion

Rossiter v. Cooper

Supreme Court of Vermont

Decided August 15, 1851PublishedCited by 19 opinions

Book Account. The suit was commenced June 7, 1850. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows. The plaintiff’s account was for six months’ labor for the defendant, at $8,00 per month, and he had credited $7,50, as part payment.

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Book Account. The suit was commenced June 7, 1850. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts substantially as follows. The plaintiff’s account was for six months’ labor for the defendant, at $8,00 per month, and he had credited $7,50, as part payment. The defendant admitted, that the plaintiff had labored faithfully for him six months, but he claimed, that the labor was performed under a special contract, with the terms of which the plaintiff had not complied. It appeared, that in October, 1849, it was agreed bétween the…

1Opinion of the Court

The opinion of the court was delivered by

Kellogg, J.

The defendant objects to the judgment of the court below, insisting that if the plaintiff is entitled to any remuneration for his services, he is not entitled to recover in the present suit, for the reason that there was nothing due the plaintiff at the commencement of the suit.

It appears, that the services charged in the plaintiff’s account were rendered under a contract with the defendant to labor for him one year, which period had not expired, when this suit was brought. This, however, was not an absolute, unconditional contract, to…

2Cases cited1 opinion

  1. Seaver v. MorseSupreme Court of Vermont · 1848

3Cited by19 opinions

  1. Walter A. Wood Reaping & Mowing Machine Co. v. SmithMichigan Supreme Court · 1883
  2. Mackenzie v. MinisSupreme Court of Georgia · 1909
  3. Baltimore & Ohio Railroad v. Brydon ex rel. DavisCourt of Appeals of Maryland · 1886
  4. Crawford v. . Mail Express Publishing Co.New York Court of Appeals · 1900
  5. Corgan v. George F. Lee Coal Co.Supreme Court of Pennsylvania · 1907

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