Hunt v. Martin
Supreme Court of Vermont
This was an action of book account. Judgment to account was rendered, and auditors were appointed. The auditors reported that the parties had appeared before them, and the plaintiff presented an account against the defendant amounting to $1551.24, which they set forth in their report, and which embraced 762¿- cords of wood. They also reported that the defendants presented an account against the plaintiff amounting to $1221.81, which was not objected to.
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This was an action of book account. Judgment to account was rendered, and auditors were appointed. The auditors reported that the parties had appeared before them, and the plaintiff presented an account against the defendant amounting to $1551.24, which they set forth in their report, and which embraced 762¿- cords of wood. They also reported that the defendants presented an account against the plaintiff amounting to $1221.81, which was not objected to. They further reported that the plaintiff presented the following memorandum of an agreement: “ Whitehall, Oct. 9, 1839. “ Mr. H.;K. Hunt is…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
From the contract, under which the wood in question was delivered, it appears that the quantity to be delivered, except as limited by a minimum and maximum, is not expressed ; — that the time of delivery, is all the time between the date of the contract and the first day of July after, —and the place of delivery, on Gibbs & Byram’s dock; and the kind and quality of the wood is expressed in the same general terms. The question is, whether there was such a delivery of the wood that was carried off by the flood, as to vest the property in the…
2Cited by2 opinions
- Peelle Co. v. Industrial Plant Corp.Supreme Court of New Jersey · 1938
- Carpenter v. BrainerdSupreme Court of Vermont · 1864