Boothe v. Fitzpatrick

36 Vt. 681 (1864)

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Boothe v. Fitzpatrick

Vermont Supreme Court
36 Vt. 681 (1864)

SC
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Facts

In September 1860, the defendant’s bull escaped and entered onto the plaintiff’s land. The plaintiff kept and maintained the bull. In November 1860, the plaintiff found out that the defendant was the owner. The defendant told the plaintiff that he would take the bull back and pay the plaintiff for keeping and maintaining the bull. The defendant did not take the bull back until May 1861. The plaintiff brought suit against the defendant to recover a reasonable fee for taking care of the bull. The defendant argued that any care the plaintiff provided prior to the defendant’s promise to pay was a moral obligation on past consideration and thus the defendant was not liable for such care. The trial court found in favor of the plaintiff. The defendant appealed.

Rule of Law

Issue

Holding and Reasoning (Peck, J.)

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