Carpenter v. Dole
Supreme Court of Vermont
This was a writ of error to reverse a judgment rendered in favor of the defendant in error against the plaintiff in error, by the county court, in an action of book account, in which action the auditor, appointed to audit the accounts of the parties, reported the following facts, among others» viz :— The plaintiff below presented an account consisting of the following items.
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This was a writ of error to reverse a judgment rendered in favor of the defendant in error against the plaintiff in error, by the county court, in an action of book account, in which action the auditor, appointed to audit the accounts of the parties, reported the following facts, among others» viz :— The plaintiff below presented an account consisting of the following items. Oct. 1838. To 839£ bushels of potatoes you drew away, at 12-J cents, $ 104 94 To 465 do do left in the field, - - 58 12 To 1 ton hay in the spring of 1838, 8 00 Cr. $171 06 Nov. 1838. 'By Cash, - - 100 00 $ 71 06 After…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
This is a writ of error brought to reverse a judgment rendered by the county court in favor of Dole against Carpenter on the report of an auditor in an action of book account. The question is whether Carpenter actually received a quantity of potatoes, amounting to 465 bushels, which were left in the field, as stated in the report. It is admitted by the counsel for the defendant in error, that there must have been a delivery of these potatoes by Dole to Carpenter, or that a recovery therefor could not be had, and this admission obviates…
2Cited by5 opinions
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