Cram v. Watson

Decided November 15, 1855

Supreme Court of Vermont · decided 1855-11-15

Book Account. The auditor reported that on the 30th day of January, 1854, at Concord, N. H., the plaintiff contracted with the defendant to sell him one thousand bushels, or more, of potatoes, delivered in Boston, in good order and well sorted, at seventy cents per bushel, to be delivered on or before the first day of April then next, to be paid for by the defendant as fast as delivered; that on the 28th day of February following, the plaintiff delivered, on said contract,…

Decided 1855-11-15

¶1The opinion of the court was delivered by

Eedeield, Ch. J.

¶2We understand the report of the auditor to find, that the potatoes allowed were accepted upon the contract, and if so, the defendant is bound by such acceptance, however much they were really depreciated, as it was not by any latent defect, but by being mixed with the others, which' was well *24known át the time of the acceptance, and no objection seems to have been made on that account» If not, the defendant is bound by the acceptance, and must pay for thdm at the stipulated price, as no damages were shown by the entire contract not being fully performed.

¶3Judgment affirmed.