Whitman v. Bryant

Decided February 15, 1877

Supreme Court of Vermont · decided 1877-02-15

Book Account. The auditor reported that in 1872, John T. Bryant, the defendant’s son, offered to buy of the plaintiff a quantity of ash lumber, of the value of about 1725; that the plaintiff declined to sell it to him on his personal credit, but told him he would let him have it if he would get the defendant, his father, to guarantee payment; that John said he thought ho could get the defendant to do it, and that soon afterwards the defendant called and handed a paper to the…

Cited by 2 later decisions — most recently January 1916

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1877-02-15

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¶1The opinion of the court was delivered by

Redfield, J.

¶2From the facts stated in the report, we think that the defendant’s contract was an original undertaking, and not collateral or conditional; and that he became responsible ibr the purchase of the first lot of ash lumber; but that the defendant is not responsible for the lumber afterwards purchased by John T. Bryant, amounting to $53.20, which was included in the first item and in the judgment below.

¶3The pro-forma judgment of the County Court is therefore reversed, and judgment for the plaintiff on the report for the same sum (less $53.20), with interest.