West v. Cutting
Supreme Court of Vermont
Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts as follows. The plaintiff’s account contained a charge for cash, five dollars ;— j and this was the only item, in reference to which controversy was j had. This sum was sent by the plaintiff to the defendant for some { tea.
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Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the facts as follows. The plaintiff’s account contained a charge for cash, five dollars ;— j and this was the only item, in reference to which controversy was j had. This sum was sent by the plaintiff to the defendant for some { tea. The tea was procured at the defendant’s store, and was shortly f after returned by the plaintiff to the defendant, — “ it not being . good.” The defendant received the tea, and said that he should ■ have some good tea soon, and would replace the tea…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The questions of law arising in this case are nice, and not free from diificulty ; and they ,are embarrassed with inferences of facts, — which can, with propriety, only be drawn by the auditor.
1. As the facts stand, the first inquiry is, could West compel jCutting to have taken the tea back? We think not. There is no ¡pretence of any fraud on the part of Cutting, or of any agreement to take the tea back. The tea “ was not good,” — a very uncertain definition of quality, and one which has been once held by this court to have no meaning, in a…
2Cases cited1 opinion
- Thornton v. WynnSupreme Court of the United States · 1827
3Cited by8 opinions
- Callanan v. Brown & Co.Supreme Court of Iowa · 1871
- Marsh v. LowIndiana Supreme Court · 1876
- Best v. FlintSupreme Court of Vermont · 1886
- Brown v. SaylesSupreme Court of Vermont · 1854
- Matteson v. HawkinsSupreme Court of Vermont · 1873
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