Strong v. Ellsworth
Supreme Court of Vermont
Trover for two two year old heifers and a calf. Plea the general issue and trial by jury. On the trial, the plaintiff offered testimony tending to prove that in the spring of 1851, he sold to one Tisdale the two heifers named in the declaration, for $26, and that he was to receive towards that sum, in one year from that time, two other heifers, then to come two years old, at such price as should be agreed upon, of as should be determined by men to be agreed upon, and that…
Read the full summary
Trover for two two year old heifers and a calf. Plea the general issue and trial by jury. On the trial, the plaintiff offered testimony tending to prove that in the spring of 1851, he sold to one Tisdale the two heifers named in the declaration, for $26, and that he was to receive towards that sum, in one year from that time, two other heifers, then to come two years old, at such price as should be agreed upon, of as should be determined by men to be agreed upon, and that the two heifers, so sold, should remain his property until they should be paid for; that in the fall of the same year one…
1Opinion of the Court
The opinion of the court was delivered by
Red field, Ch. J.
The doctrine of estoppels in pais is one, which so far at least, as that term is concerned, has grown up chiefly within the last few years. But it is and always was a familiar principle, in the law of contracts. It lies at the foundation of morals, and is a cardinal point, in the exposition of promises, that one shall be bound by the state of facts which he has induced another to act upon. He who by his words, or his actions, or by his silence even, intentionally, or carelessly, induces another to do an act, which he would not…
2Cases cited3 opinions
- President of the Salem Bank v. President of the Gloucester BankMassachusetts Supreme Judicial Court · 1820
- Whitaker v. WilliamsSupreme Court of Connecticut · 1849
- Gale v. LincolnSupreme Court of Vermont · 1839
3Cited by9 opinions
- White v. LangdonSupreme Court of Vermont · 1858
- Horn v. ColeSupreme Court of New Hampshire · 1868
- Hard v. BurtonSupreme Court of Vermont · 1890
- Locklin v. DavisSupreme Court of Vermont · 1899
- Hallowell National Bank v. MarstonSupreme Judicial Court of Maine · 1893
4 more not listed; retrieve them via the Exa API.