72 Vt. 47 | Vt. | 1899
The defendants offered to sell a monument to the plaintiff for $125, to apply on account. The plaintiff said, “ I will take it.” There was no delivery, but the monument remained in the defendants’ possession till it was attached in this
As a future application of the price was not- contemplated, the contract was effective to apply it at once as part payment of the account, Jewett v. Winship, 42 Vt. 204; and as the monument was thereby paid for, and nothing remained to be done but for the plaintiff to take possession of it, the title passed as between the parties. Fletcher v. Howard, 2 Aik. 115; Bemis v. Morrill, 38 Vt. 153.
No question arises under the Statute of Frauds, as the testimony to prove the contract was received without objection.
Judgment reversed, and judgment for the plaintiff for the amount found his due, less said sum of $1%5, applied as of the ■date of its payment.