Brown v. Nelson
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Heard at the September term, 1892, Rutland county, Rowell, J., presiding, upon the report of a referee. Judgment for the plaintiff. The defendant excepts. The plaintiff claimed to recover for a carload of potatoes containing 502 bushels, at 81 f, cents, and the question was whether there had been a sale to defendant.
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Assumpsit. Plea, the general issue. Heard at the September term, 1892, Rutland county, Rowell, J., presiding, upon the report of a referee. Judgment for the plaintiff. The defendant excepts. The plaintiff claimed to recover for a carload of potatoes containing 502 bushels, at 81 f, cents, and the question was whether there had been a sale to defendant. The parties lived in Pawlet, and both carried on, to some extent, the business of buying and shipping potatoes, by the carload, to market. In September, 1891, the plaintiff was so engaged in buying and shipping potatoes from West Pawlet to New…
1Opinion of the CourtMunson, J.
Plaintiff and defendant, residents of Paw-let, had negotiations relative to a car-load of potatoes, to be *663shipped by the plaintiff to defendant’s customer in Boston. The plaintiff, assuming that a sale had been effected, made the shipment. The defendant did not consider the potatoes purchased, and had no knowledge of the shipment until the plaintiff called upon him for payment. When thus called upon, the defendant declined to pay for the potatoes, and claimed that he had not bought them; but afterwards, without further communication with the plaintiff, he wrote to the consignees, directing…
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