Bryant v. Gale
Supreme Court of Vermont
This was an action of assumpsit, containing several counts, to which several pleas were filed, and among others the following : The said Gale says, that the said' Bryant, from having and maintaining his action thereof against him, ought ffi barred ; because he says, that by a certain covenant or agreement in writing, signed by the said Moses Bryant, and by the said Gale, and sealed with their seals, and duly delivered on the day of the date thereof, and dated the 17th day of…
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This was an action of assumpsit, containing several counts, to which several pleas were filed, and among others the following : The said Gale says, that the said' Bryant, from having and maintaining his action thereof against him, ought ffi barred ; because he says, that by a certain covenant or agreement in writing, signed by the said Moses Bryant, and by the said Gale, and sealed with their seals, and duly delivered on the day of the date thereof, and dated the 17th day of November, 1828, it was mutually agreed by and between the said Moses Bryant and the said George L. Gale, that the said…
1Opinion of the Court
The opinion of the Court was pronounced by
Phelps, J.
The plaintiff’s counsel have treated this defence as an instance of accord without satisfaction. If they are correct in this, there is no difficulty in the case.
There is no doubt that an accord without satisfaction is no bar to the action, and that an accord with tender of satisfaction unaccepted, is no better. The main question in the case however, is, whether this is to be regarded as a case of accord merely, or as an instance of a new and superior contract, superceding and extinguishing the old one.
Great industry has been exerted in…
2Cases cited1 opinion
- Ferris v. BarlowSupreme Court of Vermont · 1827
3Cited by6 opinions
- Moers v. . MoersNew York Court of Appeals · 1920
- Manley v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1906
- Sargent v. DonahueSupreme Court of Vermont · 1920
- Gibbs v. WallaceSupreme Court of Colorado · 1914
- Boston & Maine Railroad v. Union Mutual Fire InsuranceSupreme Court of Vermont · 1910
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