28 Vt. 241 | Vt. | 1856
was delivered by
The only matter in dispute, in this case, is in relation to item No. 5, in the plaintiff’s account, it being for a plate of mineral teeth prepared for the defendant’s wife. The auditor has found that the plaintiff rendered the service, and that the charge is reasonable in amount, but that no express promise has ever been made by the defendant to pay the account. The question arises, whether one will be implied.
The plate was furnished while the defendant and his wife were living together, and was suitable to the defendant’s circumstances and station in life. It is expressly found that the defendant permitted his wife to keep the plate, after it came to his knowledge that she had procured it of the plaintiff. The fact that the defen
The judgment of the county court is affirmed.