Vail v. Conant
Supreme Court of Vermont
This was an action of covenant broken, brought upon the covenant of seizin contained in a deed executed by John Jackson, the intestate, to the plaintiffs, on the 10th of December, 1829, conveying-to the plaintiffs, for the consideration of $1800, four hundred acres of land in Hydepark in ^ r this Slate. The defendant pleaded non est factum, and accord and satisfaction. The pleas were traversed, and issue joined to the country.
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This was an action of covenant broken, brought upon the covenant of seizin contained in a deed executed by John Jackson, the intestate, to the plaintiffs, on the 10th of December, 1829, conveying-to the plaintiffs, for the consideration of $1800, four hundred acres of land in Hydepark in ^ r this Slate. The defendant pleaded non est factum, and accord and satisfaction. The pleas were traversed, and issue joined to the country. Under the plea of accord and satisfaction, the defendant offered in evidence the following discharge, signed by the attorneys of record of the plaintiffs. “ Hydepark,…
1Opinion of the Court
*320The opinion of the court was delivered by
Hebard, J.
Has an attorney, without special authority,
Power t0 compromise and settle his client’s cause of action, without receiving the full amount of his claim? It has been insisted, in argument, that the attorney, in this case, had some more general powers conferred upon him, by the terms of his employment, than is incident to an attorney in ordinary cases; — and this is sought to be established by a letter from the plaintiffs to Joshua Sawyer, Esqr., one of the plaintiffs’ attorneys. But it cannot fairly be established from the letter. Sawyer,…
2Cases cited2 opinions
- Gaillard v. SmartNew York Supreme Court · 1826
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3Cited by11 opinions
- Dwight v. HazlettWest Virginia Supreme Court · 1929
- New England Educational Training Service, Inc. v. Silver Street PartnershipSupreme Court of Vermont · 1987
- Derwort v. LoomerSupreme Court of Connecticut · 1851
- Hallack v. LoftSupreme Court of Colorado · 1893
- Granger v. BatchelderSupreme Court of Vermont · 1881
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