Griswold, Pearl & Co. v. Scott
Supreme Court of Vermont
Book account. Heard upon the report of an auditor at the December term, 1893, Caledonia county, Rowell, J., presiding. Judgment for the plaintiffs to recover the amount found due excluding the value of the flour in dispute. The plaintiffs except. The partial payment takes the case out of the statute of frauds. Richardson v. Squires, 37 Vt. 640. As between vendor and vendee the delivery in this case was sufficient.
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Book account. Heard upon the report of an auditor at the December term, 1893, Caledonia county, Rowell, J., presiding. Judgment for the plaintiffs to recover the amount found due excluding the value of the flour in dispute. The plaintiffs except. The partial payment takes the case out of the statute of frauds. Richardson v. Squires, 37 Vt. 640. As between vendor and vendee the delivery in this case was sufficient. Birge v. Edgerton 28 Vt. 295 ; Bemis v. Morrill, 38 Vt. 133 ; Hunt v. Thurman & Martin, 15 Vt. 336; Sanborn v. Kettredge, 20 Vt. 638; Green v. Merriam, 28 Vt. 801 : Gibbs v.…
1Opinion of the CourtTyler, J.
It appears by the auditor’s report that the plaintiffs had been partners for about ten years, doing a wholesale business in flour, grain and feed at St. Johnsbury. The defendants were retail dealers in groceries and flour at the same place. They had purchased flour of the plaintiffs to a considerable amount for eight years, by the carload and in less quantities, as their business required. The plaintiffs’ store was near the railroad track, to which a side track had been built so that a carload of flour could easily be unloaded at their store.
Prior to the 16th of September, 1892, the…
2Cases cited6 opinions
- State v. O'NeilSupreme Court of Vermont · 1885
- Gibbs v. BenjaminSupreme Court of Vermont · 1872
- Birge v. EdgertonSupreme Court of Vermont · 1856
- Dyer v. LibbySupreme Judicial Court of Maine · 1867
- Bemis v. MorrillSupreme Court of Vermont · 1865
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3Cited by4 opinions
- Pacific Lumber Agency v. National Aircraft Materials Corp.Supreme Court of Vermont · 1936
- Barber v. AndrewsSupreme Court of Rhode Island · 1908
- Bondi Bros. v. Holbrook Grocery Co.Supreme Court of Vermont · 1923
- Burlington Grocery Co. v. DornSupreme Court of Vermont · 1923