Burbee v. Town of Winhall
Burbee v. Town of Winhall
Opinion of the Court
The opinion of the court was delivered by
The plaintiff enlisted into the United States military service, to the credit of the defendant town, for the term, of three years, under a contract with defendants that they should pay the plaintiff five hundred and thirty dollars. The contract contained a further stipulation that if the town or agent of the town should afterwards pay a larger amount as a bounty to any other “ three years man,” the same amount should be paid to the plaintiff. The town could not, or did not, fill the quota with “ three years men they did not enlist any other “three years man” upon that quota ; but, subsequently to the plaintiff’s enlistment and muster into the service, the defendants procured “ one year men” to fill the quota, and paid one of them six hundred and twenty-five dollars. It is claimed by the defendants that they should be allowed to avoid the conditional stipulation in their contract with the plaintiff on the ground that they did not pay any other “ three years man” more than five hundred and thirty dollars. This, we think, the defendants should not be allowed to do. It was with reference to filling the quota upon which the plaintiff was enlisted, mustered and applied, that the stipulation was made to pay him as much as the town should pay any other person for the same term of service. The quota of the town, under the then recent call of the government, could be filled by enlisting and mustering men|into the service for three years or for one year. The agent of the town, acting within his discretionary power, and proposing to act for the interests of the defendants with reference to that quota and a future call, gave the plaintiff to understand that he designed to fill and should fill the quota with “ three years men,” that being the longest term of service for which enlistments were authorized under that call, and should not enlist any one for a shorter term. These declarations, as to the term of service which the defendants would require of all who should enlist to fill that quota, though they formed no part of the contract, were cal-
The judgment of the county court is reversed, and judgment for the plaintiff for the sum of five hundred and ninety-five dollars, and interest from and after the 2d day of August, 1864-.
Reference
- Full Case Name
- Horace A. Burbee, by his next friend v. Town of Winhall
- Status
- Published