Harris Bros. v. Waite
Supreme Court of Vermont
These cases were in general assumpsit. Pleas, general issue, with notice of special matter, in each case, and trial in each by the court, at the September Term, 1877, Ross, J., presiding. The plaintiffs, who were manufacturers of gas-meters in Philadelphia, sought to recover of the defendant, who resided in Brattleboro, for two lots of meters that they had sent to the Brattleboro Gas Company.
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These cases were in general assumpsit. Pleas, general issue, with notice of special matter, in each case, and trial in each by the court, at the September Term, 1877, Ross, J., presiding. The plaintiffs, who were manufacturers of gas-meters in Philadelphia, sought to recover of the defendant, who resided in Brattleboro, for two lots of meters that they had sent to the Brattleboro Gas Company. There were two suits, because in the interval between the two shipments a change took place in the plaintiff firm. It appeared that about 1850 the defendant became a stockholder in said gas company,…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
It appeared that the defendant since the year 1867 had been the sole owner of the stock of the Brattleboro Gas Co., and, although the court did not find that the meters furnished in May, 1872, and which are the subject-matter of claim in the first suit, were ordered by the defendant individual^, it is to be presumed from the manner in which the claim has been treated by the parties in their correspondence that they were so ordered, and he has expressly acknowledged his liability to pay for them. *486The meters for which a recovery is sought in the…
2Cited by1 opinion
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