Catlin v. Taylor
Supreme Court of Vermont
Book. Account. The auditor reported, that the defendant’s account against the plaintiff contained, among other charges, one of fifty dollars for manure, and that it appeared, that the manure was sold June 30, 1842, by the defendants to the plaintiff, and was to include the whole quantity made at the defendants’stables between the second day of May, 1842, and the second day of May, 1843, and that the defendants warranted, that there should be at least two hundred and thirty…
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Book. Account. The auditor reported, that the defendant’s account against the plaintiff contained, among other charges, one of fifty dollars for manure, and that it appeared, that the manure was sold June 30, 1842, by the defendants to the plaintiff, and was to include the whole quantity made at the defendants’stables between the second day of May, 1842, and the second day of May, 1843, and that the defendants warranted, that there should be at least two hundred and thirty loads in the whole, and that the same number of horses should be kept in the stables during the year, as were kept there…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The plaintiff brought his action for a breach of warranty, relative to the manure sold, before a justice of the peace, and, upon trial upon the merits, judgment was rendered in favor of the defendants. The plaintiff appealed, and, twelve days before the session of the court, to which the appeal was taken, he paid the defendants’ costs. The question is, what shall be the effect of such a state of facts upon the rights of the plaintiff? Is he precluded from farther litigating the same matter in another action ?
*107The statute provides, that any…
2Cited by5 opinions
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