Foote v. Woodworth
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury at the June term, 1893, Addison county, Tyler, J., presiding. Verdict and judgment for the defendant. The plaintiff excepts. The plaintiff sued on an implied warranty of four hundred stone jars furnished by the defendant to the plaintiff for packing and storing of butter.
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Assumpsit. Plea, the general issue. Trial by jury at the June term, 1893, Addison county, Tyler, J., presiding. Verdict and judgment for the defendant. The plaintiff excepts. The plaintiff sued on an implied warranty of four hundred stone jars furnished by the defendant to the plaintiff for packing and storing of butter. The first exception relied upon by the plaintiff was stated in the bill of exceptions as follows: “The plaintiff relied on and introduced evidence tending to show the fact that, while using them for the purpose aforesaid, the first season after receiving them, some few of…
1Opinion of the CourtThompson, J.
I. The issue was whether the ruinous condition of the jars four or five years after the plaintiff purchased them was the result of improper burning in the process of manufacture, or was caused, as claimed by the defendant, by their having been put up and stored by the plaintiff for three or four years in a dirty and greasy condition. To meet this claim of the defendant the plaintiff improved Hammond as a witness whose evidence tended to prove that he had examined the jars in regard to their being greasy or 'not, and in making his examination had rubbed a piece of white paper around on the…
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