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25 Vt. 478

Perlinau v. Phelps

Supreme Court of Vermont

Decided April 15, 1853

Supreme Court of Vermont · decided 1853-04-15

Book Account, commenced before a justice of tlie peace, and came to the County Court by appeal. Judgment to account was rendered, and an auditor appointed, who reported substantially the following facts: That the plaintiff’s account was for labor of a minor son, Thomas Perlinau; that he performed the labor under a contract made between the minor and defendant.

Decided 1853-04-15

Br the Court.

¶1We think the conduct of the plaintiff, in allowing his son to contract for his labor, and receive pay of so many different persons, although in cases he controlled the contracts, must be regarded as good ground of justification to the defendant, in hiring and paying the son, and that plaintiff is bound by the act of his son, in the matter.

¶2In regard to the balance due, at the time he gave notice to defendant to pay the son no more, the case would be with the plaintiff, if it were not that his subsequent conduct, in allowing the son ,to receive a portion of this balance, which seems immediately to ¡have come to his knowledge, before he was out of defendant’s hearing probably, was sufficient to justify the defendant, in supposing •that he still intended to have the son receive pay.

¶3Aud if -there were any doubt upon either of these points, it is rather in regard to the fair inference to be deduced from the acknowledged facts in the case. And in regard to such inferences, this court considers, that in doubtful cases, the construction of the County Court is to be regarded as .conclusive,

¶4.Judgment affirmed.

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