Walker v. Hoisington
Supreme Court of Vermont
Book account. Judgment to account rendered and an auditor appointed wbo made an alternative report at the May term of the county court.. The court, Barrett, J., presiding, rendered judgment on the report for the defendants, to which the plaintiff excepted.
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Book account. Judgment to account rendered and an auditor appointed wbo made an alternative report at the May term of the county court.. The court, Barrett, J., presiding, rendered judgment on the report for the defendants, to which the plaintiff excepted. The auditor reported as follows: The plaintiff sold to the defendants in the month of April, 1869, a six year old gelding horse at the price of two hundred and fifty dollars, to be paid absolutely, and the further sum of fifty dollars to be paid provided the defendants sold the horse for more than three hundred dollars. At the time of the…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
Upon the trial of this case before the auditor the only questions to be determined were, whether the plaintiff was entitled to recover anything or not upon a single item of book charge, and if entitled to recover for that item, how much was due upon it.
These questions were to be tried before the auditor in this action in the same way, and the same rules as to the right of recovery were to be applied, as if the same questions had been on trial in an action of assumpsit before a court and jury, or before a referee. The plaintiff having brought…
2Cases cited1 opinion
- Keyes v. Western Vt. Slate Co.Supreme Court of Vermont · 1861
3Cited by2 opinions
- Davenport v. HubbardSupreme Court of Vermont · 1873
- Andrews v. PeckSupreme Court of Connecticut · 1910