Bennington, Vermont – July, 1814
If A, draw logs to the saw mill of B, to be sawed on shares, and B, saw them and sell the whole of the boards, he is guilty of a tort, and an action of trover will lie in favor of A, against B, for his share of the boards.
THIS was an action of trover for a quantity of boards. On trial at the last term, it appeared that Vickery had drawn a quantity of logs to Taft’s saw mill, which Taft agreed to saw into boards, and either receive pay for sawing them, or to saw them for the customary share—one half of the boards.—That Taft had sawed the logs, and sold the whole of the boards, and received the pay for them.
The defendant’s counsel, insisted that the action of trover would not lie in this case; for that, Vickery and Taft were tenants in common of the boards—that each had a right to sell the whole, and was liable only to account with the other for his share.
The Court overruled the objection, but, at the instance of the defendant’s counsel, reserved the question, and a verdict was taken for the plaintiff. A motion for a non suit was now made on the case reserved.
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