Andrews v. Eastman
Supreme Court of Vermont
Book acoount. Tbe plaintiff’s account consisted of a single item for furnishing wood to the defendants for the year 1868, at the price charged, $35. The defendants presented no account. In relation to the plaintiff’s account, the auditor found the following facts: “ The two years previous to 1863 the plaintiff had been engaged in the business of getting out last-blocks, and bad furnished wood to the defendants from the waste of said blocks.
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Book acoount. Tbe plaintiff’s account consisted of a single item for furnishing wood to the defendants for the year 1868, at the price charged, $35. The defendants presented no account. In relation to the plaintiff’s account, the auditor found the following facts: “ The two years previous to 1863 the plaintiff had been engaged in the business of getting out last-blocks, and bad furnished wood to the defendants from the waste of said blocks. This was furnished at $80 a year, and paid for by Eunice and Mary Eastman, each paying one half out of her own separate funds. Previous to January, 1863,…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
The contract upon which the plaintiff claims to-recover, required him to furnish the defendants good dry wood, piled up under their shed, for the year 1863, for the sum of $35, one half to be paid by the defendant Eunice, and the other half by the defendant Mary Eastman. It is conceded by the plaintiff, that he did not perform his contract according to its terms, but it-is insisted that the neglect of the defendants to notify the plaintiff they should not receive the wood upon the contract, and their using it and paying in part therefor,…
2Cases cited3 opinions
- Myrick v. SlasonSupreme Court of Vermont · 1847
- Smith v. FosterSupreme Court of Vermont · 1864
- Allen v. HookerSupreme Court of Vermont · 1853
3Cited by2 opinions
- Rutland Sash & Door Co. v. GleasonSupreme Court of Vermont · 1924
- Gomez v. LawsonSupreme Court of Vermont · 1933