Averill v. Hedge
Supreme Court of Connecticut
This was an action of assumpsit, alleging that the defendant, who conducted business at Wareham, Mass, under the name of the “ Wareham Iron Company,” promised to deliver to the plaintiffs a quantity of rods, shapes and band iron, in March, 1836. The cause was tried, at Hartford, February term, 1838, before Williams, Ch. J. The plaintiffs claimed to have proved their case, by a correspondence between the parties in the year 1836 ; particularly, by a letter from the plaintiffs…
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This was an action of assumpsit, alleging that the defendant, who conducted business at Wareham, Mass, under the name of the “ Wareham Iron Company,” promised to deliver to the plaintiffs a quantity of rods, shapes and band iron, in March, 1836. The cause was tried, at Hartford, February term, 1838, before Williams, Ch. J. The plaintiffs claimed to have proved their case, by a correspondence between the parties in the year 1836 ; particularly, by a letter from the plaintiffs to the defendant, dated the 29th of February ; the defendant’s answer of the 2nd of March ; a letter from the…
1Opinion of the CourtBissell, J.
From the correspondence between these parties, and which is made a part of the case, it appears, that on the 29th of February, 1836, the plaintiffs enquired of the defendant, upon what terms he would supply them with ten or fifteen tons of rods, shapes and band iron. To this communication, the defendant replied, on the 2nd of March, specifying the terms on which he would furnish the articles in question. On the 14th, the plaintiffs wrote to the defendant, on other business; but took no notice of his offer. The defendant replied, on the 16th ; and at the close of his letter, he enquires of the…
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