Hard v. Burton
Supreme Court of Vermont
Book account. Heard at the September Term, 1889, Munson, J., presiding, upon the report of an auditor, exceptions of tlie defendants thereto, and a motion upon the part of the •defendants to recommit. The court, gpi'o forma, overruled the motion and exceptions and gave judgment for the plaintiff in the sum of $1,654.89. The defendants except.
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Book account. Heard at the September Term, 1889, Munson, J., presiding, upon the report of an auditor, exceptions of tlie defendants thereto, and a motion upon the part of the •defendants to recommit. The court, gpi'o forma, overruled the motion and exceptions and gave judgment for the plaintiff in the sum of $1,654.89. The defendants except. The account of the plaintiff was for legal services and disbursements between December, 18S5, and July, 1889. The auditor found that the charges of the plaintiff were proper and ought to be allowed the plaintiff, unless the plaintiff was barred from his…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
Defendants requested the auditor to find whether plaintiff, on October 8, 1888, settled all the account he had against them jointly up to the time he rendered his account in the fall of 1887, called “ Defendant’s Exhibit No. 1.”
The auditor finds that “ in the fall of 1887 the plaintiff rendered to the defendants a statement of his account down to that time.” He also finds that said exhibit, which is the account thus rendered, “ embraces all the charges that were considered by the parties on that occasion,” which means that all the charges…
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