Washburn v. Dewey
Supreme Court of Vermont
Appeal from the court of chancery. After the entry of the appeal in this court a motion to dismiss the bill was filed by the defendant, because, as he alleged the matter in controversy did not exceed fifty dollars.
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Appeal from the court of chancery. After the entry of the appeal in this court a motion to dismiss the bill was filed by the defendant, because, as he alleged the matter in controversy did not exceed fifty dollars. The orators set forth in the bill, in substance, that, on the 3d day of May, 1838, the oratrix contracted with the defendant to purchase of him 45i acres of land; that she was then, and at the time of the filing of the bill, the wife of the said Daniel; that the defendant executed to her a writing, whereby he promised, that, if she should, on or before the 25th day of April, 1839,…
1Opinion of the Court
*95The opinion of the court was delivered by
'Williams, Ch. J.
The case is a very clear one for the orators, and I cannot see why it was brought here on appeal. The defendant, on the 3d day of May, 1838, made a contract, by which he became under obligation to deed to the wife of Washburn a certain piece of land, on her paying him a note which he held against her husband. The wife was the person to be benefited, as appears abundantly both from the proof and the contract itself. Payment of the note was tendered. The case of the orators was therefore fully made out.
The excuses for not performing this…
2Cited by3 opinions
- Cannon v. HandleyCalifornia Supreme Court · 1887
- Thompson v. CrainsIllinois Supreme Court · 1920
- Thompson v. CrainsAppellate Court of Illinois · 1919