Fay v. Oliver
Supreme Court of Vermont
Indebitatus Assumpsit, for money had and received. Plea, the general issue, and trial by jury, April Term, 1847, — Royce, Ch. J., presiding.
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Indebitatus Assumpsit, for money had and received. Plea, the general issue, and trial by jury, April Term, 1847, — Royce, Ch. J., presiding. On trial the plaintiff gave evidence tending to prove, that on the twentieth day of March, 1839, he contracted to purchase of the defendant two parcels of land in Sutton, Canada East, — one a-tract of fifty acres, and the other called the old place, or farm; that the defendant then executed to the plaintiff a quitclaim deed of the old farm; and that the parties then mutually executed an agreement in writing, in these words, — “I, Benjamin Oliver, of,”…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
¡The plaintiff’s objection to the admission of certain parol evidence in the court below has not been alluded to in the argument here, and will be treated as waived.
The question to be determined is, whether the plaintiff had a right, under the circumstances appearing in the case, to rescind his contract of purchase as to the fifty acres, and resort to this general action to recover back the consideration paid. His right is contested on two grounds ; — 1, That no rescisión could be allowed, unless by mutual assent, because there had been a…
2Cases cited4 opinions
- Fuller v. HubbardNew York Supreme Court · 1826
- Seymour v. BennetMassachusetts Supreme Judicial Court · 1817
- Tyson v. DoeSupreme Court of Vermont · 1843
- Ellis v. HoskinsNew York Supreme Court · 1817
3Cited by12 opinions
- White v. MasseeSupreme Court of Iowa · 1927
- Mintle v. SylvesterSupreme Court of Iowa · 1926
- Waite v. StanleySupreme Court of Vermont · 1914
- Hoggson Bros. v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1916
- Taplin & Rowell v. ClarkSupreme Court of Vermont · 1915
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