14 Vt. 547 | Vt. | 1841
The opinion of the court was delivered by
The only question raised in the present case is, whether the defendant is to be considered personally bound by all the stipulations in his contract to the plaintiff. Upon this subject each case must rest upon its own peculiar grounds. The decision of one case is hardly a guide for another, unless the cases, in their leading points, are identical. The recent English cases, and many of the American .cases seem to incline very strongly to hold the person contracting personally responsible, unless he be a public agent, or where he had full authority to make the contract on behalf of another, and there was no intention to make himself personally liable. In a case like the present, it must be considered mainly a question of intention between the parties. This intention must be determined by the language of the contract, with reference to its subject matter and contemporaneous circumstances. In the exposition of contracts, the terms in which they are expressedareeMjtleffTtrparamount^n^icreration — —"
The terms here made use of are undoubtedly well calculated to induce a belief, that the defendant did intend to assume a personal obligation. The contract is entitled “Articles of agreement between Alden Partridge and Theodore Hinsdale.” The plaintiff was to furnish board to all the cadets “ and the said Partridge is to pay the said Hinsdale at the rate of $1.72
I think, too, that the circumstances attending this contract should induce us to adopt the conclusion that the parties to it did consider the defendant personally bound by its stipulations.
This was a military school, set on foot by the individual enterprise of the defendant. He furnished every thing for the use of the cadets, unless it be the board. They were not allowed to have funds or to make contracts. Neither the cadets, nor their parents or guardians, in regard to any of the supplies furnished, knew any one but the defendant. The regulations of the school, which were known to plaintiff as well as defendant, required advance pay in most instances, and, in all, pay at the close of the current quarter, fiad these regulations been enforced by defendant, as upon every principle of good faith the plaintiff had a right to expect they would be, the sum which is now due the plaintiff would'bave been in the hands of the defendant^ or.-else these- bills wvould never have accrued. As the plaintiff had no control over these regulations, either to enforce or dispense with them, the defendant, by dispensing with their enforcement, did, on every principle, aside from the contract, make the debts his own. The defendant, too, admitted whom he pleased to the school and thus, in effect, had the control of plaintiff’s table. The plaintiff could not be considered as having any claim upon the
The judgment of the county court is affirmed.