Davidson v. Borough of Bridgeport
Supreme Court of Connecticut
This was an action of assumpsit for the price of a church clock; to which a count on two drafts and the common counts, were added. The cause was tried at Danbury, September term, 1830, before Daggett, J. At the request of the defendants, the plaintiff made a clock, and set it up in the Presbyterian church in the borough of Bridgeport.
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This was an action of assumpsit for the price of a church clock; to which a count on two drafts and the common counts, were added. The cause was tried at Danbury, September term, 1830, before Daggett, J. At the request of the defendants, the plaintiff made a clock, and set it up in the Presbyterian church in the borough of Bridgeport. A committee, appointed by the defendants for the purpose, agreed to give him for it the sum of 220 dollars, and executed two drafts on the treasurer of the defendants, of 110 dollars each, payable to the order of the plaintiff, four months from date. These…
1Opinion of the CourtBissell, J.
1. The defendants contend, that the acts of the warden and burgesses in relation to the clock, ought not to have been admitted to prove an acceptance of the clock. Upon what principle, it may be asked, can the objection taken be sustained for a moment? There surely is no process, by which the plaintiff could have compelled the borough of Bridgeport to pass a vote of acceptance. Whether they would do so or not, was with them entirely optional. The objection, then comes to this; that the defendants may use the clock forever, and yet, by neglecting to pass a vote accepting it, may avoid payment,…
2Cases cited1 opinion
- Beckwith v. AngellSupreme Court of Connecticut · 1823
3Cited by16 opinions
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- Brown v. ScottSupreme Court of Pennsylvania · 1865
- Merrill v. KenyonSupreme Court of Connecticut · 1880
- United States v. Heyward-Robinson CompanyCourt of Appeals for the Second Circuit · 1970
- Allis v. JonesU.S. Circuit Court for the District of Nebraska · 1891
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