Rixford v. Miller
Supreme Court of Vermont
Book Account.' The action was brought on August 30, 1875. The plaintiff sought to recover for a lot of scythes that he claimed to have shipped to the defendants on a written order dated “ Ohateangay,. Sept. 21st, 1866,” purporting to have been signed by the defendants, and D. W. Eillebrown, the plaintiff’s agent.
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Book Account.' The action was brought on August 30, 1875. The plaintiff sought to recover for a lot of scythes that he claimed to have shipped to the defendants on a written order dated “ Ohateangay,. Sept. 21st, 1866,” purporting to have been signed by the defendants, and D. W. Eillebrown, the plaintiff’s agent. The order, which was in evidence, was for fourteen dozen of scythes of various kinds, at the aggregate price of $176, to be shipped to Ohateaugay, and bore an indorsement of two and one twelfth dozen, of the value of $26.08, that were returned in accordance with a stipulation therein…
1Opinion of the Court
The opinion of the court was delivered by’
Ross, J.
Facts found by an auditor from testimony tending to establish such facts, are as conclusive upon the parties as the verdict of a jury. This court never revises such finding of facts on exceptions. The farthest it has gone is, to correct an erroneous legal inference drawn by an auditor from facts found by him, which inference the court, from the report, can plainly see that the auditor has been led to make either from having entertained an erro-' neous view of the law applicable-to the facts, or from having misapplied the law to the facts ; and…
2Cases cited3 opinions
- Nixon v. PalmerNew York Supreme Court · 1850
- Hill v. BellowsSupreme Court of Vermont · 1843
- Mazozon v. FootSupreme Court of Vermont · 1826
3Cited by10 opinions
- State ex rel. Phelps v. JacksonSupreme Court of Vermont · 1907
- Town of Georgia v. Town of WatervilleSupreme Court of Vermont · 1935
- Sowles v. CarrSupreme Court of Vermont · 1897
- Bates v. SabinSupreme Court of Vermont · 1892
- City of Barre v. Town of BethelSupreme Court of Vermont · 1929
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