Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1855-05-12
IncAL INTELLIGENCE.

1. e. NtaI nj trlta Ia ~
~ .s,.,s,,r 81. ,,,o ,,a,u,o,o,c. Of ,be ri,intg
,e'' :, ,,,a .an,o ,,n,o ,l,o iecondan, e,e-
'''. -, 4. 49,. ,,.,,,;g .oo,,i,,o,oI c,r
- ,......ar,. .,,,,,o,, % tho nla;n.
,,,r r., AZ. ia, ii 49,, ,,o,,,,,,. NJ ,he same
e. ~, a. ,ta ,l.;n,ier 10 se.rre the f,lsllment
% A.. ,,,,l;,;o,s az tho bond The nlaipliiT
sI.,,,.d ,o..o..oD os Tho aid farm ON the ground
49,, a., ,.e,,,d.,,, h.d e,,,., ~ ,cr,r,n the eor-
- a.. -. H.. ,,os,ud,D, rl.,d mo,
a,',,,r rr,a, \, me- and vsriic, Car tho deten-
e.,
IN n.,d,.v n kG n Ke,,gy e,r p,a,nNg.
o. ,v.s,,,,..a s,.,,,,,or o,d uo,,o e,- AEON
s~iM, '"eN' 1''' w. yo'',''v' uo'''
ca'r" fO""'4'ys 'O' ""4 V'"''a,' 80 , -
ms was an ncuon oa'ea upon 'n' N,'s'u '''u' =,
'he ueienuah'S ue''''""V" ''n'''s
counts NJ, "one's'' se","s 10 ~ :" '-e
.ne saine AN'si'""', ""." :"
plo"s'- IN" u"' u',s"la"N ~ ~ wy -
io'-, e'rryihe on unc V"s'nes' VI p"'v"'l'"s "'',
'ena'ns - V'"v'. -, le' " P1.s"',.e
'e"''"s Wv
'"feu " .a',' ~, anu =, -.
e'nper u "a' 'e"' "pP''' " Wv P'''a'''' '"'''
Resilient ~ we" L'n"0u' VI ''e s'i'0 y, No'h'''',
CUT ana p''F.Ne' !" sea- 'ns'n 'n's i,s"' ''' e''1
s'AN' anu "'s' !" 'u'n's" ''''" "''. "o" ''ou'
on"a' o' granite ""''' :" SUI" qA'''N' - '"''
nhsn'o''er "as "' ,'s0'''''O" vas '''''''' sp"-
uus''' " N''''' A'"'''y lDu WV :, .'i'
u','nu', anu eO"'''S' va, a,'y e"'s,su '''-
" WV p'''''7, ~ a'l ~ ~,
Uuy u u''e"a''s' S-''''' so''n VI Sau s0o,s'
anu 'ne ue'snuAi'' Ne'e " se'' "nu ue'''er 'i'S
A''oun' 70 ne"''-.''' '"sy "e'' p" P,g :" Pe'
cent oi u's amount IN SIX "'oh's' Hnu INC r'' on
81 months un'e RON ''e uen'e'y o. we ge'isi
'na' 'ie "eisnuAh's III o'uer =" '''"'S P.i'h'ns W
e'er INTO 'ne oon''4e anu eA'''' 'iO'" 'u''
iAiseiy ana rauuulen,! rep'eSeil'e'' A'o"s o'"7I
things that they had power anu were anthorifel
by said Cartridge Co., TO append TO said contract
written guaranty OF said cartridge 20, Tor
furnishing goods, and that said Cartilage Co.,
would he bound thereby that the plaintiff, rely
ing upon the truth Of defendants representations,
paid over to said Townsley & johnson the sum Of
5000, Tor s6l25, the defendants making dis
count Of ss75, or l2i per cent for cash dowu) be-
ing % per cent Of their contract. but that the de-
PENDANTS bad performed no part Of the contract.
and had wholly neglected. and refused to furnish the
goods; aud before this action was brought the said
johnson 4 Goolell had become wholly insolvent,
and refused to furnish goods or repay any part Of
the money thus obiainedi and the said Cartilage
Co., being called upon TO fulfill deniei their liza
bility under the guaranty and refused to perform.
The testimony Of the plaintiff tended to show
that the defendants who conducted the negotiations,
did represent that they had full power and author
ity to contract for the sale and delivery Of the goods
mentioned in the contract and particularly to bind
the said Cartilage Co.. to furnish the stone china,
and to append this guaranty to the contract tina
in fact the chief Inducements TO making the con-
tract was, that they should be furnished in such
quantities As they might ORDER with the granite
a ware mat SAID cartridge Go. did not at that
tune or afterwards manufacture or sell said ware
I, mat sa'd Oar,l'dse q 70 repnnia'ed ana denied
Tue power OF inc ue'ehlAn's append SAD guAFan-
70 s''i CONTRACT anu ieIusea 10 DC bound by III
4 -'ua' "'y' .ne P.a'nu"s' u'n pay 'he sum oil
s'ooV as SCI 'Os'h IN 'ne ueelArat'on' ana that
'"er o'uors 'Or soos nau never oecn responded TO-
except lew small lots OF porcelain ware;-that
Johnson q "oodeii soon ai'er the execution OF the
contract became insolveni, and the plaintiffs
'hereupoh went 10 new iork' there saw cartridge
!, Oo' anu maze demand upon them for goods,
exhibited their contract and the guaranty attached
'hcre'oi-'hAt cartridge Co. refused to deliver
eoVis al The times sci iosth in PLAINTIFF contract,
anu 'niOrmei pAin'liis' that they were under nc
oohsAuohs !" FURNISH goods except according to the
supuauons OF contract entered into between
> tnem cartridge 20. aud johnson Goodelli
may '"sy uu NOT nAnu'a''u,e The granite ware,
n,' 'aA' 'ne guaranty 70 the plaintiffs contract was
p''eo' mere without authority from them, and that
4 'ney could not and would not fulfill it.
n iesumony was also offered to show that the
pla'h'lhs' aiter having made negotiations and con-
'uaed'o enter into the contract, made arrangements
somewhat extensively for tho prosecution Of ths
business under the same, hired store and went To
O'ner expenses orders for goods were made but
never answered except In few instances to lin
iseu extent Ia consequence Of which they were
ANNIn an.