Legal Opinion

Martin v. Eames & Bellows

Supreme Court of Vermont

Decided March 15, 1854PublishedCited by 1 opinion

Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported substantially the following facts: That plaintiff presented the following account: “ 1851 & 1852.) To drawing out and chopping 70 cords Dec. & Jany. j of wood at $1,25, $87,50 “ two days work making road, 3,00 “ two bags, at 28 cts., 56 “ three bushels-meal at 50 cts., 1,50 $92,56 ” That the defendants presented their account amounting to $2,93 concerning which…

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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported substantially the following facts: That plaintiff presented the following account: “ 1851 & 1852.) To drawing out and chopping 70 cords Dec. & Jany. j of wood at $1,25, $87,50 “ two days work making road, 3,00 “ two bags, at 28 cts., 56 “ three bushels-meal at 50 cts., 1,50 $92,56 ” That the defendants presented their account amounting to $2,93 concerning which there was no dispute. The auditor disallowed the second, third and fourth items in the plaintiff’s account; and in relation…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The case of Stone v. Pulsifer et al., 16 Vt. 428, seems quite decisive of the questions which have been raised in this case. It was there held, that when property was sold conditionally, and payments had been made for it by way of services, the services might be charged on book, to await their subsequent application; and if the property sold has been received back by the vendor, the vendee, may recover for his services, in an action on book, before any application has been made.

The sale of the oxen to the plaintiff in this case was…

2Cases cited3 opinions

  1. Buckmaster v. SmithSupreme Court of Vermont · 1850
  2. Smith v. FosterSupreme Court of Vermont · 1846
  3. Stone v. PulsipherSupreme Court of Vermont · 1844

3Cited by1 opinion

  1. Utter v. StuartNew York Supreme Court · 1858

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