Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1876-09-22
Windham County Court.

Alison L. Wider q. Smith Stafford. This
was was an action 10 recover money paid
under mistake, aud for damages for the
non. performance of a contract. The evil
dence upon the part of The plaintiff tended
to show that the defendant contracted TO
peel one hundred cords OF bark for 500,
and to get in the logs for 81 per thousand;
that the defendant peeled a quantity OF
bark estimated by the parties at one hun
dred cords, for which the plaintiff paid
$500 that afterwards the bark was accu-
rately measured, and it was found that only
seventy weight cords had been peeled. Amer
the defendant received the 900 he ceased
10 work for the plaintiff. The defendants
evidence tended to show that he peeled
substantially the 100 cords OF bark, and that
he was TO be paid for the same as soon as it
was peeled that he asked the plaintiff re-
peatedly for money afler his bark was
peeled, but did not obtain any until some
time after the period that the plaintiff
agreed to pay him. Under these circum-
stances he concluded not TO perform the
remainder of his contract. Verdict for de-
PENDANT.
was an action Of assumpsit TO recover for
money which was paid by the plaintiff In
consequence of his signing a bond with de-
iendant to the Probate Court. Tho defend
ant clai lined, and his evidence tended to
show, that he assigned a mortgage with
notes secured thereby 10 the plaintiff,
which was received in full satisfaction of
his liability upon said bond. The plaintiff
testified that said mortgage was taken by
him az collateral security only, and that be
had accounted for all the money that he
ever received upon said mortgage. Yer
dict for the plaintiff, s65l.l0.
Opheiid L. SnOW q. Daniel Carpenter Ct al.
This was an action upon the statute to re-
cover damages for injuries received in con-
sequence Of the defendants selling intoxi-
eating liquor TO the plsintiff's husband.
The case showed that in the fall of 1874, the
pla intih, with her husband, attended a
town fair at Readsboro; that during the
ay upon which said fair was held, the de-
PENDANTS furnished Mr.. Snow with liquor
upon three different occasions. The plain
tiff, with her husband, started to return
home from said fair, but Mr.. Snow was
very much intoxicated, and drove his
horse in such manner that his wife was
thrown from the wagon and precipitated
down an embankment, and was severely
if not permanently injured. The defend
ants claimed, and introduced testimony to
show, that Mr.. Snow procured most of his
liquor of other persons than themselves.
Verdict for the plaintiff, Sls66.66.
Frazier II. GOodeH and iOife .. RoLin
Goodeu.-This was an action of SANDER TO
recover damages for injury sustained in
consequence of words spoken by the de-
PENDANT OF and concerning the wife OF Fra
zier Goodell. The defendant did not deny
| the speaking of some of the words COM
| planned of, and testified that he regretted
saying what he did. Verdict for plaintiff,
| S52.1
Henry NJ. Rldder .. Marcus L. HOlden.-
This was an action upon a warranty ola
cow. The plaintiff claimed that the defend
ant did not truthfully represent the condi-
| ton OF the COW which he purchased of him,
and that he was damaged thereby to the
| amount of Sl5. The defendant claimed that
he did not warrant the COW, and made only
| such representations as he understood at
the time to be true. Verdict for plaintiff,
| S6OS.
Lemuel Smith .. Delphi W. YeaV.-Ths
was an action of trover, brought to recover
for the value of a COW attached and sold by
defendant. Verdict for plaintiff, Sl4.