
    L. H. Roscoe vs. J. G. Sawyer.
    May Term, 1899.
    Present: Rowell, Tyler, Munson, Start, Thompson and Watson, JJ.
    Opinion filed May 26,1899.
    The facts found are inconsistent with one another and afford no basis for a judgment in the plaintiff’s favor.
    Case for deceit. Trial by court, at the March term, 1899, Chittenden county, Taft, C. J., presiding. Proforma judgment for the plaintiff for $96.04, damages, and costs. The defendant excepted.
    
      George M. Powers for the defendant.
    
      L. F. Wilbur and Brown & Macomber for the plaintiff.
   Rowell, J.

This is case for deceit in obtaining credit by false representations. But the facts found cuff one another so that they cannot be said to show that credit was thus obtained. Although some of them show that it was, others show that it was not. Thus, it is expressly found that after the time of the false representations, the plaintiff sold the goods in question to be paid for on delivery, and that he insisted upon payment C. O. D., and that payments were made by the defendant as a result of the plaintiff’s attempt to collect pay therefor as fast as they were sold. With this finding it is impossible to say that the defendant obtained credit by reason of the false representations.

Jtidgment reversed, and judgment for the defendant.  