Porter v. Wheeler
Supreme Court of Vermont
Action op Account. An auditor was appointed wbo reported substantially as follows: The defendant, prior to 1855, had employed the plaintiff in the business of selling and delivering fruit trees in different parts of the country, and, among other places, ip the province of New Brunswick5 and the defendant having taken or sent to that place a large number of fruit trees, it was agreed between the plaintiff and defendant, in writing, that they should deliver the New Brunswick…
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Action op Account. An auditor was appointed wbo reported substantially as follows: The defendant, prior to 1855, had employed the plaintiff in the business of selling and delivering fruit trees in different parts of the country, and, among other places, ip the province of New Brunswick5 and the defendant having taken or sent to that place a large number of fruit trees, it was agreed between the plaintiff and defendant, in writing, that they should deliver the New Brunswick sale of trees made in 1855 by the plaintiff for the defendant, and should divide the net profits after deducting the…
1Opinion of the CourtKellogg, J.
The defendant, on the coming in of the auditor’s report in this cause, filed exceptions to it for two alleged causes, viz:
*283(1) , that the facts found by the auditor are not sufficient in law for the plaintiff to recover in this action of account, and that the action should have been an action of assumpsit and not of account; and(2) , that the defendant and not the plaintiff is entitled to a judgment on the facts reported. The county court having rendered a judgment for the plaintiff on the report, these grounds of exception to the report are now to be considered in this court.
I. The defendant…
2Cases cited2 opinions
- Pickett v. PearsonsSupreme Court of Vermont · 1845
- Bishop v. BaldwinSupreme Court of Vermont · 1842
3Cited by2 opinions
- Tar Heel Bond Co. v. KriderSupreme Court of North Carolina · 1940
- Sturgis v. HullSupreme Court of Vermont · 1875