Patrick v. Adams
Supreme Court of Vermont
Debt on a bond for two hundred dollars dated May 29th, 1854. The defendants prayed oyer of the condition of the bond which was as follows: “ The condition of the above obligation is such that, whereas the said Abraham Adams and Jacob Patrick have agreed to submit and refer all matters and differences of every name, nature and description existing between them, and more especially cases numbered 67, 68, 69, 237, and 12, now upon the docket of Windsor county court, May Term,…
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Debt on a bond for two hundred dollars dated May 29th, 1854. The defendants prayed oyer of the condition of the bond which was as follows: “ The condition of the above obligation is such that, whereas the said Abraham Adams and Jacob Patrick have agreed to submit and refer all matters and differences of every name, nature and description existing between them, and more especially cases numbered 67, 68, 69, 237, and 12, now upon the docket of Windsor county court, May Term, 1854, to the final award, determination and decision of * * *■ * referees, mutually agreed upon by said parties, to be…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The question intended to be raised by the pleadings is whether, if one of the parties to a bond of submission to arbitrators claims that, by mistake, some part of the controversy agreed to be submitted is omitted from the bond, and the other party accedes to this claim and agrees to have the bond corrected, so as to include the omission, but subsequently refuses to have the alteration made, the other party is thereby released from performance of the bond?
It is a familiar principle that a contract cannot be altered except by another…
2Cited by4 opinions
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