Viall v. Hubbard
Supreme Court of Vermont
Book Account. The auditor reported that the plaintiff’s account consisted of one item of $26. for a marble scroll. It appeared that the defendant and his wife called at the plaintiff’s shop to purchase a grave stone or monument for their daughter, a girl of about seven years of age, who had recently died.
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Book Account. The auditor reported that the plaintiff’s account consisted of one item of $26. for a marble scroll. It appeared that the defendant and his wife called at the plaintiff’s shop to purchase a grave stone or monument for their daughter, a girl of about seven years of age, who had recently died. At that time there was a marble stone in the shop called a scroll, finished for another man, and which the defendant was, to some extent, satisfied with, and directed to have his finished like it. It also appeared that the defendant directed the plaintiff to make it of good white marble, and…
1Opinion of the CourtAldis, J.
By the contract the plaintiff was to furnish a monument of “ good white marble.” He did furnish a monument of which the material was “good white marble,” — but it had a blemish, “ a discoloration” on it, across which a part of the inscription was wrought. The auditor finds that this stain was not naturally in the marble — had gotten upon it by some accident — was temporary, and by lapse of time and exposure to the open air and frost would disappear. The plaintiff claims that such a discoloration is not a variance from the contract — that he has substantially furnished just such a monument as…
2Cited by3 opinions
- Haycraft v. GrigsbyMissouri Court of Appeals · 1901
- Lyndon Granite Co. v. FarrarSupreme Court of Vermont · 1880
- McGuire v. J. Neils Lumber Co.Supreme Court of Minnesota · 1906