44 Vt. 367 | Vt. | 1872
The opinion of the court was delivered by
The authority of the selectmen to make the contract with plaintiff, which the county court found proved, is not questioned on the part of the defense. The only objection urged to the validity of the contract is, that neither Rogers nor Gates, (two of the three selectmen,) understood that the defendant was to pay the plaintiff any more than three hundred dollars. But it appears that Sherman and Rogers, (two of the selectmen,) went together to the plaintiff to procure him to enlist to the credit of the defendant town on its quota ; that Shermau was permitted by Rogers .to negotiate with the plaintiff in behalf of the defendant for the board of selectmen, and in that capacity Sherman did agree with the plaintiff, that in consideration that the plaintiff
■ It is suggested by defendant’s counsel that the proof was not sufficient to avoid the effect of the plaintiff’s receipt. No principle is better settled than that a receipt is open to be explained and contradicted by parol evidence. It must be presumed that the evidence, upon which the court found the contract, was legal and sufficient in character and amount for that purpose, in the absence
Judgment affirmed.