Legal Opinion

Kimball v. Hayward

Supreme Court of Vermont

Decided October 22, 1915Published

Book Account. Heard on the report of an auditor, and defendant’s exceptions thereto, at the June Term, 1915, Orange County, Slack, J., presiding. Exceptions overruled and judgment for the plaintiff. The defendant excepted. The opinion states the case.

1Opinion of the CourtMunson, C. J.

The exceptions are to á judgment rendered by the county court on an auditor’s report. In allowing the several items, the auditor uses this language: I find that the plaintiff furnished this article to the defendant, or to Fred Hayward, son of the defendant, for the benefit of the defendant. The defendant contends that this finding is too uncertain to support a judgment. It is said that a delivery to the defendant would be one thing, and a delivery to the defendant’s son another thing. But if the defendant’s son was the defendant’s agent, the two transactions would be the same in legal effect; *382…

2Cases cited1 opinion

  1. Hodges v. HosfordSupreme Court of Vermont · 1844

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