Morrison v. Cummings
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported substantially the following facts: That plaintiff presented his account of which the following is a copy : “ 1849, Nov. 1, To building four charcoal kilns, in Orford, N. H. as per agreement, $238,70” The defendant also, presented an account against the plaintiff, amounting to the sum of $180,41, which was found correct, and allowed as charged.
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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported substantially the following facts: That plaintiff presented his account of which the following is a copy : “ 1849, Nov. 1, To building four charcoal kilns, in Orford, N. H. as per agreement, $238,70” The defendant also, presented an account against the plaintiff, amounting to the sum of $180,41, which was found correct, and allowed as charged. As to the plaintiff’s account the auditor found, that said kilns were built in pursuance of a written agreement. That in consequence of bad…
1Opinion of the Court
The opinion of the court .was delivered by
Redfield, Ch. J.
I. The deduction which the auditor and county court made in the allowance for the plaintiff’s work seems to us well justified, by the decided cases. That the plaintiff if he had not fully performed the contract, on his part, could at most recover, what the service was worth to the defendant, is well settled by the case of Dyer v. Jones, 8 Vt. 205, and the subsequent cases, which have followed the principles of that case. The deduction made, was then properly made, unless the defendant did something amounting to a waiver of claim, for…
2Cases cited1 opinion
- Dyer v. JonesSupreme Court of Vermont · 1830
3Cited by11 opinions
- Moore v. TateTennessee Supreme Court · 1889
- City of Faribault v. MisenerSupreme Court of Minnesota · 1874
- Schwasnick v. BlandinCourt of Appeals for the Second Circuit · 1933
- Tax Commission v. National Malleable Castings Co.Ohio Supreme Court · 1924
- Nebraska City v. Nebraska City Hydraulic Gas Light & Coke Co.Nebraska Supreme Court · 1879
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