Smith v. Foster
Supreme Court of Vermont
Book Account. On the auditor’s report at the September Term, 1862, Kellogg, J., presiding, the court rendered a judgment fro forma in favor of the defendant. To the decision of the court in rendering the judgment the plaintiff excepted. The facts as found by the auditor sufficiently appear in the opinion of the court.
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Book Account. On the auditor’s report at the September Term, 1862, Kellogg, J., presiding, the court rendered a judgment fro forma in favor of the defendant. To the decision of the court in rendering the judgment the plaintiff excepted. The facts as found by the auditor sufficiently appear in the opinion of the court. I. The action is an equitable one, and raises the question upon the special circumstances reported,— to whom does the money belong? So far as the contract entered into between Southwick and the defendant was performed during the period embraced in the plaintiff’s account — that…
1Opinion of the CourtPeck, J.
In this case it appears that the defendant and one Southwick entered into a contract on the first day of April, 1858, by which Southwick agreed to supply the defendant daily with milk for his public house for one year from that date, for which the defendant agreed to pay a stipulated price per quart payable monthly. Southwick and the defendant acted under that contract agreeably to its terms till August 25th, 1858, when Southwick sold out his business to the plaintiff, who was then informed of this contract, and who by agreement with Southwick was to furnish the defendant under the contract…
2Cited by5 opinions
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