Legal Opinion

Scott v. Montague

Supreme Court of Vermont

Decided January 15, 1844PublishedCited by 4 opinions

Book Account. Controversy was had in the court below in reference to one item only of the plaintiff’s account, being for $25.00 which the defendant agreed to pay as difference between wagons exchanged by the parties. The auditor reported, in reference to it, that the defendant “ agreed to pay that sum, with interest, at one, two, or five years, at the defendant’s option,” and that .the defendant was to give his note for that sum, payable as before stated.

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Book Account. Controversy was had in the court below in reference to one item only of the plaintiff’s account, being for $25.00 which the defendant agreed to pay as difference between wagons exchanged by the parties. The auditor reported, in reference to it, that the defendant “ agreed to pay that sum, with interest, at one, two, or five years, at the defendant’s option,” and that .the defendant was to give his note for that sum, payable as before stated. The wagon was not then .taken by the defendant, but was subsequently taken by him from the plaintiff’s house, — the plaintiff being…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The auditor reports, in reference to the difference in wagons charged in the plaintiff’s account, that it was to have been settled by the defendant’s giving his note for the amount, “ payable in one, two, or five years, at his option.” No note has ever been offered or asked for, and the time has not now elapsed. We consider the contract to have been for a credit of five years, if the defendant did not otherwise elect. He has not been called upon to make any election, and has in fact made none. No recovery can be had for that item. Judgment…

2Cited by4 opinions

  1. Wheeler v. HarrahOregon Supreme Court · 1886
  2. Rice v. AndrewsSupreme Court of Vermont · 1860
  3. Eddy v. StaffordSupreme Court of Vermont · 1846
  4. Dodge v. WatermanSupreme Court of New Hampshire · 1858

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