Walworth v. Seaver
Supreme Court of Vermont
Assumpsit. The declaration set forth that on the 20th of June, 1854, a certain action was pending, in favor of the plaintiff, against the defendant and two others, and that the defendant, in consideration that the plaintiff would discontinue said action, promised the plaintiff that he would deliver to the plaintiff, in the town of Coventry, by the first opportunity, a good set of wagon wheels; that the plaintiff did discontinue the said action, but that the defendant had not…
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Assumpsit. The declaration set forth that on the 20th of June, 1854, a certain action was pending, in favor of the plaintiff, against the defendant and two others, and that the defendant, in consideration that the plaintiff would discontinue said action, promised the plaintiff that he would deliver to the plaintiff, in the town of Coventry, by the first opportunity, a good set of wagon wheels; that the plaintiff did discontinue the said action, but that the defendant had not delivered said wagon wheels according to his agreement. Plea the general issue, and trial by jury, at the June Term…
1Opinion of the Court
*730The opinion of the court was delivered by
Bennett J.
We apprehend that the grounds which the court below must have assumed in their charge, that the putting a letter in the proper post office with the proper direction, giving notice of the defective character of the wagon wheels, and that they would not be accepted on the contract, was per se notice of its contents to the defendant, can not be sustained.
The defendant’s testimony went to show that no such letter was ever received by him, and still the court told the jury that notice sent by mail would be sufficient if sent in due time, and they…
2Cited by4 opinions
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Wilson v. RichardsSupreme Court of Minnesota · 1881
- Consolidated Coal Co. v. Block & Hartman Smelting Co.Appellate Court of Illinois · 1894
- Vilas v. Estate of WortheimSupreme Court of Vermont · 1940