Durkee v. Vermont Central Railroad
Supreme Court of Vermont
Assumpsit. The action was brought to recover the amount of certain commissions alleged to have been earned by the plaintiff in the negotiation of a loan to the defendants.
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Assumpsit. The action was brought to recover the amount of certain commissions alleged to have been earned by the plaintiff in the negotiation of a loan to the defendants. The declaration contained several counts to which was afterwards added a new count which was spoken of as the amended count, and was as follows: “ For that the defendants in consideration that the plaintiff would, within a reasonable time thereafter, negotiate for and on behalf of the said defendants a large loan, to wit, a loan of one hundred thousand dollars, at the rate and interest of seven per cent, per annum, upon the…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Cs. J.
I. In regard to the proof offered to establish telegraphic communications, it seems to us that where such communications are relied upon to establish contracts, where their force and effect will depend upon the terms used, they must be proved in the same manner other writings, as letters and contracts, are. For a telegraphic communication is ordinarily in writing, in the vernacular, at both ends of the line, and must of necessity be so at the last end, unless the person to whom it is addressed is in the office at the time, which is…
2Cited by22 opinions
- Tyler v. ParrSupreme Court of Missouri · 1873
- Roberts v. MarkhamSupreme Court of Oklahoma · 1910
- Saveland v. GreenWisconsin Supreme Court · 1876
- Pepper v. Telegraph Co.Tennessee Supreme Court · 1889
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
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