Public-domain · open source
OpenJurist

24 Vt. 112

Wait v. Johnson

Supreme Court of Vermont

Decided January 15, 1852

Supreme Court of Vermont · decided 1852-01-15

Book Account. Judgment to account was rendered in the county court, and an auditor was appointed, who reported the following facts : That in the fall of 1844 or 1845, one James Shaw, a blacksmith by trade, built a blacksmith shop, on land owned by one Best, said Best having consented that said Shaw might do so.

Cited by 1 later decisions — most recently December 1853

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-01-15

View the full empirical analysis of this case →

By the Court.

¶1From the facts reported, there seems to be no.doubt whatever, that the plaintiff is entitled to recover the amount of his account, allowed by the auditor, upon the facts re*114ported by him. The plaintiff owned the business and hired shop, and the defendant had the business done. It is of no importance whether the defendant knew that plaintiff owned the business, unless he has suffered loss by being misled in that particular, nothing of which appears. The only question, it seems to us, which could possibly arise in the case, is how far tlie defendant’s account should have been allowed in offset. But in regard to this the report is wholly silent. It is simply stated, that the account was disallowed. The facts or grounds upon which the disallowances . proceeded, are not stated, nor is it stated, that the auditor was requested to state the facts found by him, in regard to the defendant’s account. One of these things is indispensable, to show sufficient ground to set aside the report.

¶2Judgment affirmed.

/24/vt/112 · .json · Public domain