Legal Opinion

Hibbard v. Whitney

Supreme Court of Vermont

Decided January 15, 1841PublishedCited by 10 opinions

Assumpsit, to recover damages for the non performance of a parol contract to convey lands. Plea, non-assumpsit. Issue to the court.

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Assumpsit, to recover damages for the non performance of a parol contract to convey lands. Plea, non-assumpsit. Issue to the court. To sustain the issue on their part, the plaintiffs offered evidence tending to prove that the said Chloe, in 1831, then ^ w^e one Forsaith, owned ip her own right certain premises in Burlington; that she made a bargain with the defen- . . ^ dant to give him a title to those premises, and the defendant was to pay her five hundred dollars, and deed to her, or her order, certain premises in Burlington, which he owned, and which he had bought of one Henry Whitney.…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The object of this action is to recover damages for the non-performance of a parol contract to convey lands, on the ground that the contract had been performed on the part of the plaintiff. The only controversy is whether the contract has been performed. The contract is “ for the sale of lands the “ action is upon the contract,” and damages are sought to be recovered, because the contract has not been performed. No case more expressly within the statute of frauds could be supposed. The court think the action at law cannot be maintained.

If…

2Cases cited4 opinions

  1. Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
  2. Bowen v. BellNew York Supreme Court · 1823
  3. Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
  4. Meach v. StoneSupreme Court of Vermont · 1814

3Cited by10 opinions

  1. Elsberry v. SextonSupreme Court of Florida · 1911
  2. Buck v. PickwellSupreme Court of Vermont · 1854
  3. Hodges v. GreenSupreme Court of Vermont · 1856
  4. Ascutney Bank v. McK OrmsbySupreme Court of Vermont · 1856
  5. Ballarb v. BondSupreme Court of Vermont · 1859

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