Farwell v. Bean
Supreme Court of Vermont
Covenant for breach of warranty against all lawful claims. Heard on the report of a referee at the December Term, Windsor County, 1907, Powers, J., presiding.
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Covenant for breach of warranty against all lawful claims. Heard on the report of a referee at the December Term, Windsor County, 1907, Powers, J., presiding. It appears from the record that' on September 29, 1832, the Society for the Propagation of the Gospel in Foreign Parts, a corporation established and existing according to law, leased the premises described in the plaintiff’s declaration to Elisha Parhhurst, his heirs, executors, administrators, and assigns, so long as wood grows and water runs, at an annual rent of eighteen dollars payable on the first day of February, with the right…
1Opinion of the CourtWatson, J.
Only one question is presented in argument on the exceptions. It is urged that an erroneous rule of damages was adopted in the court below in allowing the plaintiff to recover the amount of the value of the premises at the time of his eviction and interest thereon. Herein the defendant has no cause of complaint. The rule applied is the one established in this State, except that there may be added to the value of the land the costs and expense of the action of the eviction, when any are shown. Williams v. Witherbee, 2 Aik. 329; Park v. Bates, 12 Vt. 381, 36 Am. Dec. 347; Pitkin v. Leavitt, 13…
2Cases cited6 opinions
- Pitkin v. LeavittSupreme Court of Vermont · 1841
- Park v. BatesSupreme Court of Vermont · 1840
- Turner v. GoodrichSupreme Court of Vermont · 1853
- Brown v. TaylorSupreme Court of Vermont · 1841
- Williams v. WetherbeeSupreme Court of Vermont · 1827
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