Cobb v. Hall
Supreme Court of Vermont
Assumpsit. The declaration contained the general counts. Plea, the general issue ; trial by jury, June Term, 1856,— Pol- and, J., presiding.
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Assumpsit. The declaration contained the general counts. Plea, the general issue ; trial by jury, June Term, 1856,— Pol- and, J., presiding. The plaintiff gave evidence tending to prove that one • James Drown, of Sheffield, sometime prior to May, 1855, purchased a small piece of ground in Sheffield, for the sum of fifty dollars; that he paid thirty dollars of the same and procured the defendant to pay the remaining twenty dollars, who, upon doing so, took the deed of the premises to himself; that said Drown subsequently erected buildings on said land, and resided thereon; that on the 13th of…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
The parties in this case both agree that the contract, being one concerning the title of land and not reduced to writing, was within the statute of frauds. No question seems to have been made, at the time, but the one hundred dollars was paid towards the agreed price of the land, and, under the charge of the court, the jury have found that there was no failure to perform the contract upon the other side, by giving the deed as stipulated, and that no demand was made of the plaintiff in regard to executing his notes, or to whom they…
2Cases cited2 opinions
- Shaw v. ShawSupreme Court of Vermont · 1834
- Smith v. SmithSupreme Court of Vermont · 1842
3Cited by13 opinions
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