Legal Opinion

Tyson v. Doe

Supreme Court of Vermont

Decided March 15, 1843PublishedCited by 4 opinions

This was an action of book account. There was a judgment to account, and reference to an auditor. The auditor reported, that the plaintiff’s account against the defendant, embraced, among other things, charges for cultivator teeth, and plough castings, to the amount of $285.92, delivered the defendant, under a verbal contract, whereby the plaintiff agreed to deliver to the defendant one thousand cultivator teeth, and plough, castings enough to make the amount $500, at 4$…

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This was an action of book account. There was a judgment to account, and reference to an auditor. The auditor reported, that the plaintiff’s account against the defendant, embraced, among other things, charges for cultivator teeth, and plough castings, to the amount of $285.92, delivered the defendant, under a verbal contract, whereby the plaintiff agreed to deliver to the defendant one thousand cultivator teeth, and plough, castings enough to make the amount $500, at 4$ cents per pound, tobe paid, $50 in work, on demand, and the balance in cash, in one year; that, within about two months…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

The questions arising upon the report of the auditor, relate to that class of items in the plaintiff’s account which make up the sum of $285.92, and to the six ploughs, amounting to $39.72. In reference to the former, it is first to be determined, whether any action could properly be commenced, until the time of payment originally agreed upon had passed ; and secondly, whether the action on book account was the proper action.

So long as a contract, by its terms, remains executory, it may be rescinded, or put an end to, in various ways. This may…

2Cases cited1 opinion

  1. Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830

3Cited by4 opinions

  1. Derby v. JohnsonSupreme Court of Vermont · 1848
  2. San Francisco Bridge Co. v. Dumbarton Land & Improvement Co.California Supreme Court · 1897
  3. Fay v. OliverSupreme Court of Vermont · 1848
  4. Bates Street Shirt Co. v. PlaceSupreme Court of New Hampshire · 1912

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