Ellis's Admr. v. Durkee
Supreme Court of Vermont
General and Special Assumpsit. Plea, the general issue. Trial by court at the June Term, 1906, Windsor County, Rowell, J., presiding. Judgment for the plaintiff. The defendant excepted.
Read the full summary
General and Special Assumpsit. Plea, the general issue. Trial by court at the June Term, 1906, Windsor County, Rowell, J., presiding. Judgment for the plaintiff. The defendant excepted. Among the findings of the court is the following: “The defendant never withdrew his. offer, but left it open; and if it is a question of fact, we find that in the circumstances the intestate accepted the offer1 within a reasonable time, and that he was influenced to some extent to delay acceptance by reason of defendant’s letter of June 19th.” The body of the letter of Aug. 12, 1901, mentioned in the opinion…
1Opinion of the CourtPowers, J.
The intestate and defendant were stockholders and directors of the Minnehaha Oil Company, of California. The former lived in Massachusetts, and the latter, who was superintendent of the company, in California. In *344December, 1900, the intestate was anxious to sell his stock, and so wrote the defendant, who replied on the 15th of that month expressing his surprise that the intestate should desire to sell, insisting" that it would not be to- his advantage to- do so, and adding, among other things not here material: “Now at any time after six months, if you still think you want to- quit, I will…
2Cases cited10 opinions
- Cheney v. CookWisconsin Supreme Court · 1859
- Larmon v. JordanIllinois Supreme Court · 1870
- Brainard v. Van DykeSupreme Court of Vermont · 1899
- Stone v. HarmonSupreme Court of Minnesota · 1884
- Wilcox v. ClineMichigan Supreme Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Moore v. DukeSupreme Court of Vermont · 1911
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
- Vermont Marble Co. v. MeadSupreme Court of Vermont · 1911
- Bates v. German Commercial Accident Co.Supreme Court of Vermont · 1913
- Doyle v. PolleSupreme Court of Vermont · 1960
10 more not listed; retrieve them via the Exa API.