39 Vt. 429 | Vt. | 1867
The opinion of the court was delivered by
The action is to recover a bounty which the plaintiff claims the defendants agreed to pay him for enlisting and serving as a soldier upon the quota of the defendants in the United States army, during a portion of the late rebellion. Uo question seems to have been made but that the vote of the town authorized the selectmen to make a contract to the extent the plaintiff claims it to have been made. The vote was, “ that the selectmen be authorized and directed to go on and hire men to fill our quota, at the best advantage they can.”
The plaintiff’s evidence tended to show that by the terms of the contract the town was to pay the plaintiff $500., and as much more as the town should pay any other man for enlisting and serving on
The defendants introduced the three selectmen who testified that the day before the contract was made with the plaintiff, the selectmen, met and agreed that they would not give as bounty for recruits for one year, more than $500., and that if the quota could not be filled at that price, they would let the draft come j and also testified in effect that Martin was not authorized by the selectmen to give more than $500. It is to be inferred that the defendant claimed, on trial, that the contract with the plaintiff, to pay $500», and as much more as they should pay to any other recruit on that quota, if such was the contract, was not binding at least beyond the amount of $500., by reason of the restriction the selectmen had thus imposed on 'themselves,:and for want of the assent of the other two selectmen, or one of them, to such contract. It appears that when the plaintiff was mustered in at Windsor on the quota of the town, Martin and one of the other selectmen officially acted and took part in it, but that such other selectman supposed the contract was for only $500., according to the understanding between the selectmen, before mentioned that only that sum should be paid.
The only point reserved in the charge is as to the effect to be given to this act of these two selectmen in thus causing the plaintiff to be
As to the evidence offered to contradict Martin, and excluded by the court, we are not all impressed alike as to its admissibility, and we leave the question undecided.
Judgment reversed and new trial granted*