Blackmer v. Estate of Wright
Supreme Court of Vermont
This was an action of book account. Judgment to account having been rendered by the county court, auditors were appointed, who subsequently reported, that, having heard the parties and the testimony introduced, they found nothing due to the plaintiffs. The auditors further reported as follows :— “ On the hearing of this cause, the plaintiffs presented an “ account against the deceased, but no account was presented in favor of the estate against the plaintiffs.
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This was an action of book account. Judgment to account having been rendered by the county court, auditors were appointed, who subsequently reported, that, having heard the parties and the testimony introduced, they found nothing due to the plaintiffs. The auditors further reported as follows :— “ On the hearing of this cause, the plaintiffs presented an “ account against the deceased, but no account was presented in favor of the estate against the plaintiffs. It appeared “ that there had been a settlement between the parties, in the “ lifetime of Wright,after the account, presented by the…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
— The contract for mutual releases was a legal contract, on sufficient consideration, and was actually executed. In such case each party, by the terms of the contract, takes on himself the risk of any misunderstanding or want of recollection as to the true state of the claims ; and such, in the absence of fraud, is its legal effect. It is said it is wanting in the essential ingredient of a contract, that is, a meeting and mutual consent of minds; but this is not so. The terms to which both assent, are, we agree mutually to discharge each…
2Cited by1 opinion
- Sherburne v. GoodwinSupreme Court of New Hampshire · 1860