Briggs v. Vt. Central Railroad
Supreme Court of Vermont
Book Account. The only question in this case related to an item in the plaintiff’s account for building a quantity of fence for the defendants. It appeared from the auditor’s report that on the 5th of February, 1849, the plaintiff made a contract under seal with the defendants, to erect all the fence they required to be built in the County of Chittenden, within two years from that time, at a stipulated price per rod.
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Book Account. The only question in this case related to an item in the plaintiff’s account for building a quantity of fence for the defendants. It appeared from the auditor’s report that on the 5th of February, 1849, the plaintiff made a contract under seal with the defendants, to erect all the fence they required to be built in the County of Chittenden, within two years from that time, at a stipulated price per rod. The quality and height of the fence was specified in the contract. In August 1849, the parties, by a written agreement, not under seal, altered this contract in regard to the…
1Opinion of the CourtPierpoint, J.
This is an action on book. The principal item in the plaintiff’s account is a charge for building fence, and *213the amount of it is much more than the balance found due to the plaintiff by the auditor, so that the controversy between the parties, here, arises upon that charge. It is insisted on the part of the plaintiff that this item should not be allowed, inasmuch as the original contract, under which the fence was constructed, was in writing and under seal. The general doctrine is well settled that the action on book is not the appropriate remedy to enforce a claim arising out of a contract…
2Cited by5 opinions
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