Briggs v. Brewster
Supreme Court of Vermont
Book Account. Judgment to account was rendered, and auditors were appointed, who reported the facts substantially as follows.
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Book Account. Judgment to account was rendered, and auditors were appointed, who reported the facts substantially as follows. The plaintiff presented an account against the defendant, which he claimed accrued in 1845 ; but which the defendant insisted was merged in an award made between the parties in 1846. It appeared, that the parties, on the twenty-first of March, 1846, entered into a submission in writing, but not under seal, which was in these words :— “ Whereas divers difficulties and disagreements have arisen be- ‘ tween us relative to our deal and the management of the farm the * past…
1Opinion of the Court
*102The opinion of the court was delivered by
Redfield, J.
The first question in this case is, whether the plaintiff’s account was barred by the submission and award between the parties on the twenty first of March, 1846.
The auditors say, that some portion of it, (meaning that allowed in this action,) was not embraced in the submission, nor presented to or passed upon by the arbitrators. The submission is not under seal, but in writing, and specifies, that “ difficulties and disagreements ” had arisen “ in relation to our deal, and the management of the farm the past season, and in relation to two…
2Cases cited3 opinions
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