Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1874-05-01

shilling per square yard that the defend
| ant, with Lucion Witt, measured tue build
| ing according 20 agreement and made 1909
| yards, from which certain deductions were
made until the plaintiff paid the defendant
| for 1870 yards. That In the spring OF 1873
the planiin discovere that he had over
paid said Dodge, and that there were only
| IVA yards of plastering. Upon the refusal
| Of the defendant to rectify the error, the
| plaintiff brought suit. The defendants ev-
| idence tended to show that some lac ailer
| the original contract was made, the trade
| was CHANGED, and that the parties agreed
| that the defendant should plaster the whole
| house for 500. Verdict for plaintiff, SS4 20.
Charles y. Wheeler ~. RoYdt l.. LorcU-
| This was an action of assumpsit upon a
note. II II appeared in evidence that the
defendant purchased the plaintiffs slaugh-
ter house IN Chester, w., for which he bar
gained some horses, aud gave his note for
the balance due; that within day or two
after the bargain the slaughter house burn
ed down, and lhereupon the defendant re-
fused to pay said note of $50, on the
ground that there was partial failure of
consideration, and Tor tho further reason
that no deed had ever been delivered TO
him for the premises purchased. The evil
dence of the plaintiff further showed that
the deed was made upon the same day that
the premises were purchased, and that it
was delivered TO the defendant, who re-
ceived the same, and afterwards handed 1t
tn the plaintiff with directions to leave said
deed at the town clerks Office in Chester
for the purpose of having 1t recorded.
There was no controversy but that the deed
was recorded, but the defendant testified
that it was never delivered to him. Ncr
dict for plaintin for amOnnt of note and in
terest.
Lewts ". .Sprdguc rS. IrCing SHHb.-This
was an action to recover Tor some goods
sold by the plaiAtIfT at auction in Wards.
ntsil Il fI,afg ,..Ifg
sold the goods under an agreement made
with the creditors Of one Tibbelts, aud de-
PENDANT claimed that he had no knowledge
Of this arrangement that the auction bills
did not show ii 10 he so, and that he sup.
posed that the plaintiff had nothing to do
with the sale except as auctioneer, and he
bid of the goods to apply upon debt
against said Tihbeits. Verdict for plaintiff
S33.02.
CLARK BuU ct ats. rs. H'iMSlo,c ". Hdzel-
ton. This was petition for Partition for
certain lands in tue town of Putney, of
which the plaintiffs claimed to be tenants
In common. The defendant denied that
the plaintiffs had any title to said lands,
aud the case was tried ny the court. The
claim Of the plaintiffs vas sustained, AID
commissioners were appointed to make
partition.
Erasmus 4. HiHptOn rs. Geo II. Wilbur
This was an action upon q judgment which
was obtained against the defendant as trus-
tee of one Shepard. The defendant claimed
that he had been truSteed in other suits
against the same party. and that there was
an arrangement, well known to said Plimp-
ton, by which bis disclosure in another
clse was to be taken in all suits against
said Shepard where he was summoned as
trustee. The plaintiff denied any knowl-
edge OF such an arrangement. The court
found for the defendant.
The following bills Of divorce were
granted for intolerable severity: Kimball
VS.. Kimball. Lowell W. Lowell. Allen vs..
Allen. There were other applications for
dicorce heard, which were refused or held
by the court Tor further consideration.
In the road petitions Of T.. Crosby ct ais,
W. Braillebpro. and Jacob EStev ct ale. vs.
Braltleboro, tho following commissioners
were appointed: James III. Phelps, Henry
{. Lane, 5. l.. Hunt. In the petition of T.
Crosby ct ais. a motion to dismiss the pc
tition was filed. but upon the hearing the
conrt ovcrrnled the motion.
The court adjourned Wednesday morn.
ing, 29th ult