Davis v. Petit
Supreme Court of Vermont
Contract. Exchange of work. Book Account. In April, 1849, the plaintiff, who was a blacksmith, and the defendant, who was a wagon-maker, mutually agreed that they would exchange work, the defendant to take the work of the plaintiff, and the plaintiff the work of the defendant; and at the same time the plaintiff agreed to receive payment of the balance of $1.11 then due him in the same way that his subsequent account was to be paid.
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Contract. Exchange of work. Book Account. In April, 1849, the plaintiff, who was a blacksmith, and the defendant, who was a wagon-maker, mutually agreed that they would exchange work, the defendant to take the work of the plaintiff, and the plaintiff the work of the defendant; and at the same time the plaintiff agreed to receive payment of the balance of $1.11 then due him in the same way that his subsequent account was to be paid. There was no limitation in the agreement respecting their future accounts, either as to time or amount, and the parties continued their dealings under it until the…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The contract between these parties, that their mutual accounts might be paid by each other in work from their respective shops, was made in April, 1849, and included the small balance which was then found due to the plaintiff. In relation to the accounts which subsequently accrued, that contract is binding between them, and the defendant is not liable to pay the plaintiff’s account, except in the manner they had stipulated. That mutual promise is a sufficient consideration to render that contract obligatory. If the case rested on that contract…
2Cases cited1 opinion
- Russell v. OrmsbeeSupreme Court of Vermont · 1838
3Cited by1 opinion
- Nelson & Wallace v. GibsonSupreme Court of Vermont · 1916