Connecticut River Lumber Co. v. Brown
Supreme Court of Vermont
Book account. Heard upon the report of an auditor at the June term, 1895, Cah-donia county, Start, J., presiding. Judgment for the defendants. The plaintiff excepts. The defendants had no valid defense. Gilson v. Bingham, 43 Vt. 410 ; Estey et al. v. Read, 29 Vt. 278 ; Dennis v. Stoughton, 55 Vt. 371; Studer v. Bleisten, 22 N. E. Rep. 243. The delivery and acceptance of the check was not an accord and satisfaction.
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Book account. Heard upon the report of an auditor at the June term, 1895, Cah-donia county, Start, J., presiding. Judgment for the defendants. The plaintiff excepts. The defendants had no valid defense. Gilson v. Bingham, 43 Vt. 410 ; Estey et al. v. Read, 29 Vt. 278 ; Dennis v. Stoughton, 55 Vt. 371; Studer v. Bleisten, 22 N. E. Rep. 243. The delivery and acceptance of the check was not an accord and satisfaction. McGlynn v. Billings, 16 Vt. 329; Miller v. Holden, 18 Vt. 337 ; McDaniels v. Lapham, 21 Vt. 222 ; Gassett v. Andover, 21 Vt. 342 ; Cole v. Transportation Co., 26 Vt. 87 ; Brigham…
1Opinion of the CourtThompson, J.
The plaintiff contracted with the defendants to deliver them a certain quantity of lumber, at an agreed price, on board the cars at Bellows Falls, Vt. This suit is brought to recover the balance claimed to be due for lumber delivered under this contract. The defendants claimed that some of the lumber was not such as was required by the contract, in respect to quality and the manner in which it was sawed. They also claimed that they were damaged by reason of the failure of the plaintiff to deliver lumber within the time agreed. These claims were controverted by the plaintiff. The last car load…
2Cases cited3 opinions
- McDaniels v. LaphamSupreme Court of Vermont · 1849
- Bellows v. SowlesSupreme Court of Vermont · 1883
- Wilder v. St. Johnsbury & Lake Champlain RailroadSupreme Court of Vermont · 1891
3Cited by20 opinions
- Schnell v. . PerlmonNew York Court of Appeals · 1924
- Scheffenacker v. HoopesCourt of Appeals of Maryland · 1910
- Cunningham v. Standard Construction Co.Court of Appeals of Kentucky · 1909
- Cole v. HendersonCourt of Appeals of Tennessee · 1969
- Chicago, M. & St. P. Ry. Co. v. ClarkCourt of Appeals for the Second Circuit · 1899
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