Holmes v. Laraway
Supreme Court of Vermont
General Assumpsit. Plea the general issue. Heard at the April term, 1891, Lamoille county, Start, L, presiding, upon the report of a referee. Judgment for the plaintiff. The defendant excepts. The plaintiff claimed to recover a balance of $15 for work done.
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General Assumpsit. Plea the general issue. Heard at the April term, 1891, Lamoille county, Start, L, presiding, upon the report of a referee. Judgment for the plaintiff. The defendant excepts. The plaintiff claimed to recover a balance of $15 for work done. The referee found that one item in the plaintiff’s accdunt, amounting to $1.15, had accrued to the firm of the plaintiff and was still owned by it; but that the balance of the account, being $13.85, was due the plaintiff unless it had been paid by the giving and acceptance of a certain order. The plaintiff purchased some lumber of one…
1Opinion of the Court
The opinion of the court was delivered by
MUNSON, J.
The referee has not in terms reported that the order in question was accepted, but in submitting certain facts with a view to having that matter determined by the court, we think he has in effect found an acceptance. It appears that Clark’s agent presented the order to the defendant for acceptance, and that the defendant said, “ I will accept this order, for it is good, and will fix it with Holmes if on settling I should not owe him so much.” It is found that by this the defendant meant, and was understood to mean, that he would pay the order…
2Cases cited2 opinions
- Fulton v. WileySupreme Court of Vermont · 1860
- Warren v. CarylSupreme Court of Vermont · 1889