Coverly v. Braynard
Supreme Court of Vermont
Book account. On the 8th of May, 1851, the defendant entered into a written contract by which he agreed to peddle for his brother L. A. Braynard, who was to furnish a cart, horse and harness, and pay the defendant $20 per month and his expenses; and on the 1st of May, 1852, a new contract in writing was made by which the defendant was to peddle for his brother during the following year, and receive, as his pay, one-half of the profits.
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Book account. On the 8th of May, 1851, the defendant entered into a written contract by which he agreed to peddle for his brother L. A. Braynard, who was to furnish a cart, horse and harness, and pay the defendant $20 per month and his expenses; and on the 1st of May, 1852, a new contract in writing was made by which the defendant was to peddle for his brother during the following year, and receive, as his pay, one-half of the profits. He commenced peddling immediately after the date of the first contract, representing himself as the employee of L. A. Brainard, and continued until the fall…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
In regard to the principal action, if the defendant was the real purchaser of the goods, for his own benefit, he is undoubtedly liable, notwithstanding he purchased them on the credit of another, by the consent of such person, without disclosing the fact that he was himself the real party. And it seems to us, upon a fair construction of the auditor’s report, this must be regarded as a case of that kind. The defendant seems to have been carrying on the business in the name of a brother, for his •own benefit. The judgment is therefore…
2Cases cited1 opinion
- Pettes v. SpaldingUnited States District Court · 1848
3Cited by2 opinions
- Spencer v. Town School DistrictSupreme Court of Vermont · 1913
- Lamson v. BradleySupreme Court of Vermont · 1869