Legal Opinion

Brown v. Sayles

Supreme Court of Vermont

Decided September 15, 1854PublishedCited by 10 opinions

Sale of articles to he thereafter manufactured. Purchaser’s acceptance of them toith latent defects. Construction. Book Account. The following facts were found and reported by the auditor. In February, 1848 the defendant sold to the plaintiff a horse, for which the plaintiff agreed to pay a one-horse buggy wagon, worth sixty dollars, to be delivered by the 15th of Junefollowing, and ten dollars in money, payable on demand.

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Sale of articles to he thereafter manufactured. Purchaser’s acceptance of them toith latent defects. Construction. Book Account. The following facts were found and reported by the auditor. In February, 1848 the defendant sold to the plaintiff a horse, for which the plaintiff agreed to pay a one-horse buggy wagon, worth sixty dollars, to be delivered by the 15th of Junefollowing, and ten dollars in money, payable on demand. In the following autumn, before either the wagon or money had been paid, it was agreed between them that the plaintiff, who was a wagon-maker, should make for the defendant…

1Opinion of the Court

The opinion of the court was delivered, at the circuit session in September, by

Bennett, J.

The first question on this report is as to the defendant’s right to a deduction from the contract price on the one-horse wagon wood. The auditor finds that the timber used in the manufacture of the wagon wood was defective, though the defects were latent and unknown to either party at the time the wagon wood was delivered. It may be remarked that this was not a contract to purchase a wagon wood then on hand, but a contract for the plaintiff, who was a wagon-maker, to manufacture and deliver to the…

2Cases cited5 opinions

  1. Thornton v. WynnSupreme Court of the United States · 1827
  2. Howard & Ryckman v. HoeyNew York Supreme Court · 1840
  3. Gallagher v. WaringNew York Supreme Court · 1832
  4. Freeman v. CluteNew York Supreme Court · 1848
  5. West v. CuttingSupreme Court of Vermont · 1847

3Cited by10 opinions

  1. Rogers v. WT Grant CompanySupreme Court of Vermont · 1974
  2. Mayer v. DwinellSupreme Court of Vermont · 1857
  3. Van Velsor v. SeebergerAppellate Court of Illinois · 1895
  4. Wing v. ChapmanSupreme Court of Vermont · 1876
  5. Cunningham v. HallMassachusetts Supreme Judicial Court · 1862

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