Legal Opinion

Leach v. Shepard

Supreme Court of Vermont

Decided February 15, 1833PublishedCited by 1 opinion

This cause came up from the County Court on exceptions to their decision on the reports of auditors. In their first report, the auditors find a balance in favor of the plaintiffs of $369,18. Their report so far as relates to any point now litigated, proceeds as follows.

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This cause came up from the County Court on exceptions to their decision on the reports of auditors. In their first report, the auditors find a balance in favor of the plaintiffs of $369,18. Their report so far as relates to any point now litigated, proceeds as follows. “ And the auditors further report, that, about the 26th day of December 1825, the plaintiffs, having the quantity of wool, mentioned in their account, proposed to sell the .same to the defendant, and various proposals were made conceraing it, by both parties. At length they agreed that the defendant should buy the wool of the…

1Opinion of the Court

The opinion of the Conrt was pronounced by

Hutchinson:, C. J.

The first exception- to the report of the Auditors, raises a question, which goes to the whole action. The plaintiff’s account consists of one item only, and that a pretty large one; being for 2083 pounds of wool — amounting to several hundred dollars. Whether *368charge can be recovered in this form of action, must depend upon the facts found and reported. It does not seem practicable to decide as to the form of the action, merely from the magnitude or value of the article charged. While the ordinary deal between A and B may comprise…

2Cited by1 opinion

  1. Silver v. WorcesterSupreme Judicial Court of Maine · 1881

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