Everson & Co. v. International Granite Co.
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by court at the September term, 1892, Taft, J., presiding. Judgment for the defendant. The plaintiffs except.
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Assumpsit. Plea, the general issue. Trial by court at the September term, 1892, Taft, J., presiding. Judgment for the defendant. The plaintiffs except. It appeared from the findings of fact and the letters referred to that the plaintiffs contracted in writing with the defendant to furnish them two granite monuments for $115 each ; that the contract was made on the part of the defendant by its treasurer, who at that time was unacquainted with the business, had no personal knowledge of the price of what he was selling, but relied upon the estimate of his foreman for that information, and so…
1Opinion of the CourtMunson, J.
It is said in the statement of facts that the contract sued upon was made by a member of the defendant firm who had no personal knowledge of the prices of monuments, and who was acting under a mistake of fact as to the price of the monuments sold. Certain letters of the defendant firm, written after the making of the contract, are referred to as a part of the statement of facts. We understand this to mean that the letters are embodied in the statement as showing the nature of the mistake and how it came to be made. It appears from the letters that the sale was made at prices given by the…
2Cases cited6 opinions
- Bates v. SabinSupreme Court of Vermont · 1892
- Harran v. FoleyWisconsin Supreme Court · 1885
- Griffin v. O'NeilSupreme Court of Kansas · 1892
- Spaulding v. WarnerSupreme Court of Vermont · 1885
- Burton v. Estate of BarlowSupreme Court of Vermont · 1883
1 more not listed; retrieve them via the Exa API.
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