Legal Opinion

Ketchum v. Catlin

Supreme Court of Vermont

Decided February 15, 1849PublishedCited by 8 opinions

Indebitatus Assumpsit for money had and received. Plea, the general issue, and trial by the court, September Term, 1847,— Hall, J., presiding. On trial the facts appeared to be as follows. The defendant, on the twenty second of November, 1845, shipped, at Burlington in this state, eleven tubs of butter, three casks of cheese and six bags of* beans, to Smith & Bishop, commission merchants at Boston, for sale upon commission.

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Indebitatus Assumpsit for money had and received. Plea, the general issue, and trial by the court, September Term, 1847,— Hall, J., presiding. On trial the facts appeared to be as follows. The defendant, on the twenty second of November, 1845, shipped, at Burlington in this state, eleven tubs of butter, three casks of cheese and six bags of* beans, to Smith & Bishop, commission merchants at Boston, for sale upon commission. On the twenty fourth of the same month an agent of the plaintiff, then on his way to Montreal, purchased the property of the defendant, at Burlington, with knowledge of…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The only question in this case arises upon the facts found by the bill of exceptions; and the only point, on which I have been led to doubt, is, whether, in a court of law, they were sufficient to invalidate the contract and enable the plaintiff to recover back the money, which he had paid to the defendant towards the produce, which he had contracted to purchase.

It seems to be well settled in chancery, that if a contract is made in mutual error of material facts, which have induced the contract, it is invalid, and may be set aside. This is…

2Cases cited2 opinions

  1. Mowatt v. WrightNew York Supreme Court · 1828
  2. Wheadon v. OldsNew York Supreme Court · 1838

3Cited by8 opinions

  1. Bedell v. WilderSupreme Court of Vermont · 1892
  2. Machine Co. v. . ChalkleySupreme Court of North Carolina · 1906
  3. Faulkner v. HebardSupreme Court of Vermont · 1854
  4. Holt v. RuleauSupreme Court of Vermont · 1918
  5. Varnum v. Town of HighgateSupreme Court of Vermont · 1892

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