Redfield v. Gleason
Supreme Court of Vermont
This was a suit in chancery, and was heard at the September Term, 1886, Washington County, upon bill, answer, master’s report and exceptions of both parties thereto. Powers, Ohan•cellor, dismissed the bill with costs. The orator appeals.
Read the full summary
This was a suit in chancery, and was heard at the September Term, 1886, Washington County, upon bill, answer, master’s report and exceptions of both parties thereto. Powers, Ohan•cellor, dismissed the bill with costs. The orator appeals. The bill set forth in substance that the orator and defendant were on the 11th day of August, 1876, the owners and tenants in common of certain premises in the village of Montpelier known as Riverside; that upon said day the orator and defend- ■ ant executed a written agreement for the sale of the orator’s interest therein to the defendant for a stipulated…
1Opinion of the Court
The opinion of the court was delivered by
Tast, J.
1. The authorities in this State, Taylor v. Gil-■man, 25 Vt. 411, and Adams v. Smilie, 50 Vt. 1, justified the a-uling of the master in admitting the parol testimony offered by ■the defendant to show that at the time of the execution of the written contract, it was agreed by parol that, upon a settlement of their accounts, the balance due the defendant should be applied upon the purchase price of the Riverside property.
2. The orator insists that if parol evidence was properly •admitted the defendant cannot have relief without a cross-bill, and…
2Cases cited4 opinions
- Levi v. KarrickSupreme Court of Iowa · 1862
- Lewis v. MoffettIllinois Supreme Court · 1849
- Taylor v. GilmanSupreme Court of Vermont · 1853
- Adams v. SmilieSupreme Court of Vermont · 1877
3Cited by8 opinions
- Harry v. HarryIndiana Supreme Court · 1891
- Roof, Trustee v. JerdSupreme Court of Vermont · 1929
- Larkin v. McCabeSupreme Court of Minnesota · 1941
- Lay v. EmeryNorth Dakota Supreme Court · 1899
- Butler v. ThrelkeldSupreme Court of Iowa · 1902
3 more not listed; retrieve them via the Exa API.