Twin City Printery v. Greiner

• Decision Date: 02 January 1952
• Docket Number: No. 373,373
• Citation: Twin City Printery v. Greiner, 85 A.2d 500, 117 Vt. 93 (Vt. 1952)
• Court: Vermont Supreme Court
• Parties: TWIN CITY PRINTERY, Inc. v. GREINER.

Page 500

85 A.2d 500

117 Vt. 93

TWIN CITY PRINTERY, Inc. v. GREINER.

No. 373.

Supreme Court of Vermont.

Jan. 2, 1952.

McNamara & Larrow, Burlington, for plaintiff.

M. J. Bertrand, Montpelier, for defendant.

Before SHERBURNE, C. J., and JEFFORDS, CLEARY, ADAMS and BLACKMER, JJ.

SHERBURNE, Chief Justice.

This is an action of contract to recover for printing a book. Trial was by court, judgment was rendered for the plaintiff, and the cause comes here on defendant's exceptions. After the findings of fact were filed the defendant filed exceptions to the findings as made and to the refusal to find as requested, and a request for further findings. Our cases upon the sufficiency of these exceptions have been recently reviewed in Little v. Loud, 112 Vt. 299, 23 A.2d 628 and in Cook v. Holden, 113 Vt. 409, 411, 35 A.2d 353.

The exception to the findings simply enumerates findings 5, 10 and 11 and states that they are not founded upon the evidence as the same appeared on the trial. An examination of the transcript shows that finding 5 is amply supported by the evidence and is consequently founded thereon. It is sufficient to say that finding 5, one of the findings included within the general exception to the three findings, is amply supported by the evidence and sound as against the ground stated in the exception, which consequently is without avail. Little v. Loud, supra.

The exception to the refusal to comply with the defendant's requests for findings merely refers to his twenty-six requests and does not point our any reason why...