Fry v. Slyfield
Supreme Court of Vermont
This was an action of booh account which was sent to auditors from the county court, who returned their report, at the next term, in favor of the plaintiff. The defendant filed several exceptions to this report; yet it was accepted by the court, and judgement was rendered thereon. Exceptions were filed to that decision, upon which the cause came up to this Court.
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This was an action of booh account which was sent to auditors from the county court, who returned their report, at the next term, in favor of the plaintiff. The defendant filed several exceptions to this report; yet it was accepted by the court, and judgement was rendered thereon. Exceptions were filed to that decision, upon which the cause came up to this Court. The facts reported by the auditors were as follow, to wit : The defendant had, in the fall of the year, 1827, sold part of the timber upon a lot of land in Lancaster to one Daniel Gregory, junr. and had hired said Gregory to get the…
1Opinion of the Court
Hutchinson, C. J.,
delivered the opinion of the Court.---The report of the apditors, and judgementof the county court, having been in favor of the plaintifi, i~ is now urged as error, chat the plaintiff's claim cannot be sustained in this form of action. The claim consisted of one charge of labor, for a time stated, of himself and oxen, at $15 a month, it is objected, that thi~ work was done undet a special agreement, that the price was fixed, and that the payment was to be made at a then future day; and also~ that he did not work out the time for which he agreed. The Court consider none of…
2Cited by2 opinions
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