Vickery v. Taft
Supreme Court of Vermont
THIS was an action of trover for a quantity of boards. On trial at the last term, it appeared, that Vickery had drawn a quantity of logs to Taft’s saw mill, which Taft agreed to saw into boards, and either receive pay for sawing them, or to saw them for the customary share-one half of the boards.-That Taft had sawed the logs, and sold the whole of the boards, and received the pay for them.
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THIS was an action of trover for a quantity of boards. On trial at the last term, it appeared, that Vickery had drawn a quantity of logs to Taft’s saw mill, which Taft agreed to saw into boards, and either receive pay for sawing them, or to saw them for the customary share-one half of the boards.-That Taft had sawed the logs, and sold the whole of the boards, and received the pay for them. The defendant’s counsel, insisted that the action of trover would not lie in this case; for that, Vickery and Taft were tenants in common of the boards-that each had a right to sell the whole, and was…
1Opinion of the Court
The opinion of the Court was delivered by
Chipman, C. J.
Where goods in partnership are intended for sale, in which consists the profits of the concern, a sale by one partner is, not only, as it relates to the purchaser, but as it relates to the partners between themselves, the joint act of all the partners. To consider such act of the seller of partnership property, as a tort, would be to embarrass, if not defeat the very intention of the partnership — profit by sale. The other partners have a right to their share of the price only.
Where personal property is kept by partners for profit in the…
2Cited by2 opinions
- Tilden v. JohnsonSupreme Court of Vermont · 1880
- Gates v. LockwoodSupreme Court of Vermont · 1855