Geo. A. Thayer & Co. v. Ballou
Supreme Court of Vermont
Book Account. The auditor reported the following facts: The writ was served on the 24th of November, 1857, and the plaintiffs claimed to recover the amount of three bills of goods purchased of them in Boston by the defendant’s agent, one Dodge, on the 3d of September, the 11th of September, and the 8th of October, 1857, respectively.
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Book Account. The auditor reported the following facts: The writ was served on the 24th of November, 1857, and the plaintiffs claimed to recover the amount of three bills of goods purchased of them in Boston by the defendant’s agent, one Dodge, on the 3d of September, the 11th of September, and the 8th of October, 1857, respectively. The sale and delivery of the goods as charged was admitted, by the defendant, but he claimed that they were purchased upon a credit of six months, and therefore that this action was prematurely brought. About the 1st of September, 1857, the defendant proposed to…
1Opinion of the CourtAldis, J.
The questions presented to us depend rather upon the construction to be given to the auditor’s report, than upon the principles of law applicable to the facts found by the auditor.
If an absolute credit of six months was given to the defendant, it is clear the plaintiffs cannot recover.
*238If the contract was, a credit for six months if Eli Ballon’s guaranty was furnished, but no credit for any period of time if his guaranty was not furnished, then the plaintiffs can recover.
These conflicting constructions are put upon the report.
The auditor says, that when Eli Ballou and Whitcomb had their…
2Cases cited2 opinions
- Martin v. FullerSupreme Court of Vermont · 1844
- Eddy v. StaffordSupreme Court of Vermont · 1846