Davis v. Barton
Supreme Court of Vermont
Davis commenced two actions against Barton at the same time • one on book, returnable to the county court, and one on two notes of hand, before a justice of the Peace. This last action was by-Barton appealed to the county court, and there he filed thereto his plea in set off on book, which is the last entitled case above mentioned.
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Davis commenced two actions against Barton at the same time • one on book, returnable to the county court, and one on two notes of hand, before a justice of the Peace. This last action was by-Barton appealed to the county court, and there he filed thereto his plea in set off on book, which is the last entitled case above mentioned. In the county court, both in this action on book in favor of Davis and this plea in offset in favor of Barton, were sent to the same auditor who made therein two reports. In the first cause he reported that Davis’ account was entirely for labor to the amount of…
1Opinion of the Court
The opinion of the court was delivered by
CollameR, J.
As to the case on book, Davis vs. Barton, several questions are started. It is insisted that Davis could not sustain the action, inasmuch as he had not labored out the last year, for which he contracted, before bis suit was commenced. The auditor however reports that it was further agreed between them, that either party could end the contract at his own pleasure; therefore Davis had the right to do so unconditionally, and he so did. But it is further to be observed, that Davis’ account for his two first years’ labor was fully due and…
2Cited by1 opinion
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