Paige v. Fullerton Woolen Co.

Citations

• 27 Vt. 485

Syllabus

<p>The plaintiff entered into a verbal contract with the defendants, to perform a piece of work, for a specified price, and it was at ¡¿he same time agreed that the verbal contract should be reduced to writing; the plaintiff informed the defendants that unless this was done he should not do the work by the job. The contract never was written out, but the plaintiff went on and performed a large portion of the work, in accordance with the verbal contract, and as if it were, and in the expectation that it would be, reduced to writing, as agreed. Held, that this operated as a waiver of his right to have it so written, and that he could not thereafter repudiate the entire contract, and charge by the day for what he had done.</p>