Spencer v. Hale
Supreme Court of Vermont
Book Account. The following facts appeared from the auditor’s report: In the latter part of May, 1853, the defendant went to Shafts-bury to buy fence posts to be used on the Albany Northern Railroad. He met the plaintiff at the depot in Shaftsbury, and asked him if he had any chestnut fence posts to sell. The plaintiff replied that he had, and the parties thereupon went out upon the depot grounds where the plaintiff liad a quantity of posts which they then examined.
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Book Account. The following facts appeared from the auditor’s report: In the latter part of May, 1853, the defendant went to Shafts-bury to buy fence posts to be used on the Albany Northern Railroad. He met the plaintiff at the depot in Shaftsbury, and asked him if he had any chestnut fence posts to sell. The plaintiff replied that he had, and the parties thereupon went out upon the depot grounds where the plaintiff liad a quantity of posts which they then examined. After examining them, it was agreed by parol between the parties, that the defendant w'ould take from the lot of posts shown him…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
This is an action of book account to recover the price of a quantity of fence posts sold by the plaintiff to the defendant, and by his direction delivered on board cars, at the railway station in Shaftsbury, furnished by the defendant for that *317purpose; and which by the station agent at that place wei'e forwarded to the defendant at some place in the state of New York. There is nothing in the case to show that the parties contemplated a delivery or acceptance at any other place than Shaftsbury, and every reason to presume that they did…
2Cited by12 opinions
- Strong, Whitney & Co. v. DoddsSupreme Court of Vermont · 1875
- Webber v. HoweMichigan Supreme Court · 1877
- Hausman v. NyeIndiana Supreme Court · 1878
- Kelsea v. Ramsey & Gore Manufacturing Co.Supreme Court of New Jersey · 1893
- Gibbs v. BenjaminSupreme Court of Vermont · 1872
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