Willey v. Warden
Supreme Court of Vermont
Implied assent. Book Account. The plaintiff’s account, as charged, was for twenty-seven days work, in reference to which the auditor found and reported the following facts. The defendant employed the plaintiff, who is a mason by trade, to do his brick work and plastering, in a new house he was building, at $1.50 per day for plastering, and $1.25 for brick-laying. The plaintiff resided in Peacham and the defendant in Lyman, hi. II., — about 11 miles apart.
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Implied assent. Book Account. The plaintiff’s account, as charged, was for twenty-seven days work, in reference to which the auditor found and reported the following facts. The defendant employed the plaintiff, who is a mason by trade, to do his brick work and plastering, in a new house he was building, at $1.50 per day for plastering, and $1.25 for brick-laying. The plaintiff resided in Peacham and the defendant in Lyman, hi. II., — about 11 miles apart. During the first eleven days, the plaintiff went home three times, and usually reached the place of work at about 9 o’clock in the morning.…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
It seems to us the defendant must he regarded as acquiescing in the plaintiff’s claim to he paid for the time he was travelling to and from his work, by making no objection when told that was the plaintiff’s practice, and suffering him to go on and and perform more service with the expectation he should be so paid. The fact, too, that he, by extra effort, performed full days’ work upon those days would seem to entitle him to recover, on that ground. And there is nothing showing that the plaintiff was required to accept what he took in…
2Cited by1 opinion
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