Burditt Bros. v. Howe
Supreme Court of Vermont
Trover for forty barrels of flour. Plea, the general issue. Heard on the report of a referee and the defendant’s exceptions thereto at the March Term, 1897, Rutland County, Tyler, J., presiding. The following is a summary of the report. The plaintiffs are dealers in flour at Rutland.
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Trover for forty barrels of flour. Plea, the general issue. Heard on the report of a referee and the defendant’s exceptions thereto at the March Term, 1897, Rutland County, Tyler, J., presiding. The following is a summary of the report. The plaintiffs are dealers in flour at Rutland. The defendant is a sheriff and as such took the flour in controversy from a railroad car at Ludlow, October 28, 1893, upon writs of attachment against the firm of Hubbard & Moore, in which George M. Moore was a partner. Early in October, 1893, said Moore had a talk with P. L. Bigelow, a salesman for the…
1Opinion of the CourtTaft, J.
It is argued by defendant’s counsel that the parol testimony covered by the exceptions to the report was not admissible for that “the correspondence of Bigelow (the plaintiffs agent) and Moore constitute a complete contract in writing.”
It is evident that a part of the contract rested in parol, viz: that a bill of lading was to accompany the draft and that the title to the flour was not to pass until the draft was paid. This made the parol testimony admissible and' the exceptions to the report are overruled. Winn v, Chamberlin, 32 Vt. 320; Reynolds v. Hassam, 56 Vt. 449, That the title would…
2Cases cited2 opinions
- Tilden v. Minor, Smith & MoriartySupreme Court of Vermont · 1872
- Reynolds v. HassamSupreme Court of Vermont · 1884
3Cited by4 opinions
- Hilmer v. HillsCalifornia Supreme Court · 1902
- In re LiebigCourt of Appeals for the Second Circuit · 1918
- George F. Hinrichs, Inc. v. Standard Trust & Savings BankCourt of Appeals for the Second Circuit · 1922
- Quigley v. WileySupreme Court of Vermont · 1935