Sartwell v. Horton
Supreme Court of Vermont
Assumpsit. The cause was referred. The principal claim of the plaintiff was for $ 465.84, in reference to which the referees reported the following facts. About sixteen years prior to 1858, the plaintiff and defendant entered into an agreement, by which the plaintiff was to take the charge of the defendant’s grist-mill, as the miller, and receive one-half of the proceeds or tolls, and the defendant the other half.
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Assumpsit. The cause was referred. The principal claim of the plaintiff was for $ 465.84, in reference to which the referees reported the following facts. About sixteen years prior to 1858, the plaintiff and defendant entered into an agreement, by which the plaintiff was to take the charge of the defendant’s grist-mill, as the miller, and receive one-half of the proceeds or tolls, and the defendant the other half. The plaintiff .thereupon took the charge of said mill, and proceeded to discharge the duties of miller, and so continued to do until sometime in Febrnary, 1853. Up to this period…
1Opinion of the Court
The opinion of the court was delivered, at .the circuit session in June, by
Isham, J,
The exceptions in the case are confined to the claim *373of $ 465.84, for which :a recovery was had Un the count for money had and received.
"We are satisfied that, in the prosecution of this suit, the plaintiff is not concluded by the matter relied upon as an award of arbitrators. The opinion expressed by them, vías given upon the express condition that neither party should be bound by it. It was intended to be, and was, in fact, merely advisory ; and as such, it has no binding force. In the case of Ennos v.…
2Cases cited2 opinions
- Colwell v. PedenSupreme Court of Pennsylvania · 1834
- Ennos v. PrattSupreme Court of Vermont · 1854
3Cited by9 opinions
- Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
- Chandler v. SangerMassachusetts Supreme Judicial Court · 1874
- Jones v. Sherwood Distilling Co.Court of Appeals of Maryland · 1926
- Howard v. HowardSupreme Court of Vermont · 1960
- Lipman, Wolfe & Co. v. Phœnix Assur. Co.Court of Appeals for the Ninth Circuit · 1919
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