Wait v. Johnson
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the following facts : That in the fall of 1844 or 1845, one James Shaw, a blacksmith by trade, built a blacksmith shop, on land owned by one Best, said Best having consented that said Shaw might do so.
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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the following facts : That in the fall of 1844 or 1845, one James Shaw, a blacksmith by trade, built a blacksmith shop, on land owned by one Best, said Best having consented that said Shaw might do so. The said Shaw carried on business in said shop on his own account, as a blacksmith, for two years, and then rented said shop to one Fillemore, and hired himself to said Fillemore by the month. Fillemore carried on the shop about two years, and during said time, Shaw was the principal…
1Opinion of the Court
By the Court.
From the facts reported, there seems to be no.doubt whatever, that the plaintiff is entitled to recover the amount of his account, allowed by the auditor, upon the facts re*114ported by him. The plaintiff owned the business and hired shop, and the defendant had the business done. It is of no importance whether the defendant knew that plaintiff owned the business, unless he has suffered loss by being misled in that particular, nothing of which appears. The only question, it seems to us, which could possibly arise in the case, is how far tlie defendant’s account should have been…
2Cited by1 opinion
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