Gates v. Lockwood
Supreme Court of Vermont
Tenants in common. Account. Boole account. Demand. Book Account. The auditor reported a balance of twenty-five cents in favor of the plaintiff; and in reference to item No. 7, in the defendant’s account which was a charge “for pickles, $1.50,” he reported specially “that the defendant had a quantity of cucumbers, and “ that by an agreement between the parties, the plaintiff was to “ take said cucumbers to his place of residence and pickle them, “ and therefor was to have…
Read the full summary
Tenants in common. Account. Boole account. Demand. Book Account. The auditor reported a balance of twenty-five cents in favor of the plaintiff; and in reference to item No. 7, in the defendant’s account which was a charge “for pickles, $1.50,” he reported specially “that the defendant had a quantity of cucumbers, and “ that by an agreement between the parties, the plaintiff was to “ take said cucumbers to his place of residence and pickle them, “ and therefor was to have one-half of the pickles, and the defen- “ dant was to have the other half; that the plaintiff did take and “ pickle the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The pickles seem to have been made by the plaintiff from defendant’s cucumbers, and this, by the contract, was 'to give the parties an equal and common interest, or property in the manufactured article. It is not found that plaintiff had consumed or destroyed them, which would be necessary to enable the defendant to maintain trover for his share of them. 1 Chit. PI. 157, 172-2-3-4, 181-2. The case of Vickery v. Taft, 1 D. Chip. 241, has been regarded as a sound case only upon its peculiar facts. There the defendant had no absolute,…
2Cases cited3 opinions
- James M. Chadwick & Co. v. DivolSupreme Court of Vermont · 1837
- Albee v. FairbanksSupreme Court of Vermont · 1838
- Vickery v. TaftSupreme Court of Vermont · 1814
3Cited by3 opinions
- Mott v. BourgeoisSupreme Court of Vermont · 1938
- Tilden v. JohnsonSupreme Court of Vermont · 1880
- Duryea v. WhitcombSupreme Court of Vermont · 1858