Austin v. Wheeler
Supreme Court of Vermont
• Book Account. The plaintiff’s account consisted of but, one charge, allowed by the auditor at $30, for framing and finishing a bam; in- reference to which the auditor reported that the work was done under a special contract between the parties as to the manner of doing the work, and the time and manner of payment, and that the plaintiff had performed the work, and the defendant had paid him therefor all but the sum of three dollars.
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• Book Account. The plaintiff’s account consisted of but, one charge, allowed by the auditor at $30, for framing and finishing a bam; in- reference to which the auditor reported that the work was done under a special contract between the parties as to the manner of doing the work, and the time and manner of payment, and that the plaintiff had performed the work, and the defendant had paid him therefor all but the sum of three dollars. The auditor found that some portions of the work were not performed in the manner stipulated, and that the whole was not finished by the time limited by the…
1Opinion of the Court
The opinion of the Court was delivered by
Redfield, J.
This is an action of book accoúnt to recover a balance claimed to be due for framing and finishing a barn, at a price stipulated, and to be paid for in a particular mode. We do not think the nature of this contract will preclude a recovery in this form of action, if the labor has been performed, and there is a part of the stipulated price unpaid. The auditor finds there is $3 of the price unpaid, and that the contract was so far performed, that the defendant acquiesced in it, as a full performance under the contract, although it was not…
2Cited by2 opinions
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- Pruden v. LieblerNorth Dakota Supreme Court · 1912