Hartford & New Haven Railroad v. Jackson
Supreme Court of Connecticut
This was an action of assumpsit, brought by the Hartford and New Haven Railroad Company, to recover the price of transporting fifty thousand laths from Middletown to Hartford.
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This was an action of assumpsit, brought by the Hartford and New Haven Railroad Company, to recover the price of transporting fifty thousand laths from Middletown to Hartford. On the trial before the county court, at the term holden in November, 1854, it was proved that the defendants applied to the agent of the plaintiffs, at Middletown, to transport from Middletown to Hartford a quantity of laths, and that the defendants asked the agent what would be the freight upon them, upon which that agent asked the defendants what quantity they wished to send. They replied 50,000. He then asked how…
1Opinion of the CourtStorrs, J.
The misunderstanding, by the plaintiffs, of the offer which was made by the defendants, in regard to the quantity of laths, which the latter proposed to have transported, and which was in form assented to by the former, pre*517vented that meeting of the minds of the parties, that aggregatio mentium, which was essential, in order to constitute a contract between them; and such assent no more bound the plaintiffs, than if the offer had been made by the defendants, in a language which the plaintiffs did not understand, through an interpreter, who had falsely translated its terms. In order to…
2Cited by21 opinions
- Augeri v. C. F. Wooding Co.Supreme Court of Connecticut · 1977
- Finlay v. SwirskySupreme Court of Connecticut · 1925
- Castaldo v. D'ERAMOSupreme Court of Connecticut · 1953
- Atwood v. RoseSupreme Court of Oklahoma · 1912
- Central of Georgia Railway Co. v. GortatowskySupreme Court of Georgia · 1905
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