Legal Opinion

Martin v. Hurlburt

Supreme Court of Vermont

Decided February 15, 1888PublishedCited by 8 opinions

Assumpsit. Trial by jury, December Term, Rotor, Ch. J., presiding. Judgment for tbe plaintiff, and that tbe trustees were chargeable. Tbe plaintiff’s claim was - for boarding tbe defendant and bis wife.

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Assumpsit. Trial by jury, December Term, Rotor, Ch. J., presiding. Judgment for tbe plaintiff, and that tbe trustees were chargeable. Tbe plaintiff’s claim was - for boarding tbe defendant and bis wife. Tbe plaintiff testified that be was a blacksmith and at bis shop when bis wife came to him at tbe time tbe contract was made; that the defendant was at tbe plaintiff’s bouse about five rods from tbe shop ; and that tbe arrangement between tbe parties was made by tbe plaintiff’s, wife. The plaintiff, on being asked what word be sent by his wife and what he told her, testified : “I sent by her…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

I. We think that the testimony of the plaintiff’s wife was properly admitted. Two persons are necessary parties to a contract. The plaintiff and defendant had no personal interview in making the contract. The interview was conducted wholly through the plaintiff’s wife, as an agent. As the agent of the defendant she took a proposition for a contract, to her husband. When she had delivered the proposition, she had accomplished the work committed to her agency by the defendant. The plaintiff could send his acceptance, or rejection, by the wife or…

2Cases cited4 opinions

  1. Keyes v. RinesSupreme Court of Vermont · 1864
  2. Adams v. NewellSupreme Court of Vermont · 1836
  3. Scott v. BrighamSupreme Court of Vermont · 1854
  4. Edson v. TraskSupreme Court of Vermont · 1849

3Cited by8 opinions

  1. Pentz v. First National BankSuperior Court of Pennsylvania · 1920
  2. In re BeanDistrict Court, D. Vermont · 1900
  3. Bailey v. BaileySupreme Court of Vermont · 1904
  4. Gaffney v. Commissioners of Jail DeliverySupreme Court of Vermont · 1940
  5. Joyce v. RussellWisconsin Supreme Court · 1909

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