White v. Miller
Supreme Court of Vermont
Indebitatus Assumpsit for money had and received. Plea, the general issue, and trial by jury, November Term, 1846, — Kellogg, J., presiding.
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Indebitatus Assumpsit for money had and received. Plea, the general issue, and trial by jury, November Term, 1846, — Kellogg, J., presiding. On trial the plaintiff proved by parol testimony, which was objected to by the defendant but admitted by the court, that in September, 1844, he contracted with the defendant to purchase and did purchase of him an irregularly shaped piece of land, at the price of $25,00 per acre, — the quantity of the land being unknown to the parties; that the plaintiff and defendant went together, and, with leading lines, measured the lines of the land, and the…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
The first and most important objection, that is made to the verdict is, that the parol testimony was improperly admitted, for the alleged reason, that the whole contract between the parties was merged in the deed and could not otherwise be shown than by the deed itself.
How far a contract for the purchase and. sale of land is .to be considered as being embraced and controlled by the terms of the deed is a question, upon which the authorities are to some extent contradictory and irreconcilable. In England the recital of the payment of the…
2Cases cited4 opinions
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Thompson Beach v. PackardSupreme Court of Vermont · 1838
- Lazell v. LazellSupreme Court of Vermont · 1840
- Beach v. StearnsSupreme Court of Vermont · 1825
3Cited by18 opinions
- Limoge v. People's Trust Co.Supreme Court of Vermont · 1998
- Goodspeed v. FullerSupreme Judicial Court of Maine · 1858
- New England Educational Training Service, Inc. v. Silver Street PartnershipSupreme Court of Vermont · 1991
- Maidment v. FrazierSupreme Court of Vermont · 1916
- Winn v. ChamberlinSupreme Court of Vermont · 1859
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