Needham v. Holt
Supreme Court of Vermont
Case heard at the September Term, 1881, Veazey, J., presiding, on the report of a referee. The court rendered judgment, pro forma, for the plaintiff to recover $974.96. The referee found, among other things : . . . . That as early as December, 1876, one Cyrus Butler, who was himself engaged in manufacturing spool stock, wrote to the defendant that the plaintiffs were desirous of selling their spool stock through him, Butler, which they were getting out that winter; that he,…
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Case heard at the September Term, 1881, Veazey, J., presiding, on the report of a referee. The court rendered judgment, pro forma, for the plaintiff to recover $974.96. The referee found, among other things : . . . . That as early as December, 1876, one Cyrus Butler, who was himself engaged in manufacturing spool stock, wrote to the defendant that the plaintiffs were desirous of selling their spool stock through him, Butler, which they were getting out that winter; that he, Butler, “ should probably take an option upon the same,” and requested the defendant to say to the plaintiffs, if they…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
This is an action to recover the value of 154,000 feet of birch lumber, which the plaintiffs claim they sold the defendant. The defendant insists that he bought it of Cyrus Butler, and the question at issue is, of whom was the lumber purchased, the plaintiffs, or Butler ? The case was heard by a referee who has reported the facts in relation to the sale and delivery of the lumber to the defendant. He does not find whether the purchase of the lumber was made of the plaintiffs, or of Butler; but after stating the facts, finds from them “ that the…
2Cases cited8 opinions
- Pratt v. PageSupreme Court of Vermont · 1859
- Johns v. StevensSupreme Court of Vermont · 1830
- Briggs v. Estate of BriggsSupreme Court of Vermont · 1874
- Kimball v. Estate of BaxterSupreme Court of Vermont · 1854
- Park v. PrattSupreme Court of Vermont · 1866
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