Bromley v. School District No. 5
Supreme Court of Vermont
Assumpsit. The case was referred, and the referee reported the following facts: “ The plaintiff was hired by one Strange, the defendant’s prudential committee, to teach school in said district for three months, commencing November 27, 1871. The plaintiff received a certificate from the town superintendent of schools in Tinmouth, authorizing him to teach in the common schools in said town, for one year from November 25, 1871; and the plaintiff commenced to teach on the 27th…
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Assumpsit. The case was referred, and the referee reported the following facts: “ The plaintiff was hired by one Strange, the defendant’s prudential committee, to teach school in said district for three months, commencing November 27, 1871. The plaintiff received a certificate from the town superintendent of schools in Tinmouth, authorizing him to teach in the common schools in said town, for one year from November 25, 1871; and the plaintiff commenced to teach on the 27th of November, as agreed, and continued to teach for six weeks, when the greater part of the district became dissatisfied…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The law is well settled in this state, that if there is a claim in dispute between two parties, whether in suit or not, and one party offers to the other a specific sum in full settlement or satisfaction of such claim, and the other receives the sum, though he protest never so stoutly that he receives it only in part satisfaction of his claim, such receipt of the money operates as an accord and satisfaction of the claim. The party receiving the money takes it burdened with the condition placed upon it by the party offering it, and has no power…
2Cases cited3 opinions
- McDaniels v. LaphamSupreme Court of Vermont · 1849
- Baker v. LovetiMassachusetts Supreme Judicial Court · 1809
- Abell v. BrownsonSupreme Court of Vermont · 1832
3Cited by2 opinions
- Cooper v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1903
- G. R. Bianchi Granite Co. v. Terre Haute Monument Co.Supreme Court of Vermont · 1917