Wilkins v. Stevens
Supreme Court of Vermont
This was an action of book account, in which plaintiff claimed to recover for certain cart and wagon hubs, sold and delivered to defendant. The auditor reported for the plaintiff, and stated the following facts as the basis of his report. The contract between the parties was as follows.
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This was an action of book account, in which plaintiff claimed to recover for certain cart and wagon hubs, sold and delivered to defendant. The auditor reported for the plaintiff, and stated the following facts as the basis of his report. The contract between the parties was as follows. Rutland, Feb. 26, 1833. “Then agreed Joel Stevens with Ezra Wilkins for 100 set of hubs, to be delivered at Rutland East village, on or before the first of June next, for which the said Joel agrees to pay the said Ezra according to the prices hereinafter named. For one horse hubs, 50 cts.-per set. Cart hubs,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
If there be any one subject of more just regret than all others, in relation to the action of book account, it is the protracted litigation about pitiful, small sums, which is constantly growing out of the action. We would be glad so far to define the limits of the action, as to obviate the necessity of so much discussion of that topic. But among such endless variety of cases, as are constantly presenting themselves before us, confusion rather than activity is to be feared.
The present case, in principle, is almost identical with that of…
2Cases cited3 opinions
- Read v. BarlowSupreme Court of Vermont · 1826
- Whiting v. CorwinSupreme Court of Vermont · 1833
- Fry v. SlyfieldSupreme Court of Vermont · 1831
3Cited by6 opinions
- Hunter v. LeavittIndiana Supreme Court · 1871
- Sulzer v. WatsonU.S. Circuit Court for the District of Vermont · 1889
- Smith v. CoolidgeSupreme Court of Vermont · 1896
- Flower Brook Manufacturing Co. v. BuckSupreme Court of Vermont · 1846
- Humbert v. ChopyDistrict Court, D. Colorado · 1914
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