Supreme Court of Vermont February 15, 1835 (Pratt v. Gallup)

The opinion of the court was delivered by

Williams, Ch. J.

— The first question which arises in this case is, whether the fact of a tender, relied on by the defendant, was sufficiently established. The auditors state, that it was found from testimony of defendant alone, and the question is, whether he was a competent witness to that fact, in the trial before auditors.