"T<» indu«-v me to surrender this legal
' right, you offered me a certain considera
’ tion. You pro|«osed to resign, and text the
question by a new election whose result
would not is" •shroud«-d in doubt' by reason
of the activity of the 12J*W voters who poll
16,000 votes in your home county!
i.ONI Hix Kight Io Contest.
“To fix the time of the new el<»etion was
a matter <-t importance, a matter which
was of the essence of tile contract. Your
pro|Hisition was not distinct upon that
jK'int. and I. therefore, made it so in my
ix-ply. because 1 thought it should not bo
left to become a suitject of dispute there
after.
"Now 1 submit that you are In law hon
or iHtund by ihe const ruction 1 put upon
your offer and which you allowed me to
act u|H>n without notice that you had meant
otherwise. You knew 1. put this condition
in the contract, ami until you acquiesced
in it there was no legal contract. Our
mimls had not come together.
“By your si!< nee. by your failure to un
deceive me, you obtained an unconscion
able advantage. Had you obje<-t"-d to the
condition I put ui>on my acceptance, 1
would have withdrawn the acceptance: 1
would have gone on with the contest, for
which I had aln-ady engaged counsel.
“By your failure to speak, 1 believed that
our mimls were us one uis>n the contract;
and 1 loyally ]>erformed my part of it.
"I lost my right to contest the election,
and to show that I wax entitle"! to the seat.
