Barry v. Harris
Supreme Court of Vermont
Appeal from the Court of Chancery. The bill alleged, That on September 9, 1868, the defendant was, and for a long time had been, engaged as a carrier of freight between Townshend and Brattlcboro, and Townshend and Bellows Falls; that he had secured a large business, and a great number of patrons along said routes ; that on or about that day, the orator and one Cook purchased defendant’s team, wagon, &c., and the good will of his business ; that defendant agreed not to put a…
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Appeal from the Court of Chancery. The bill alleged, That on September 9, 1868, the defendant was, and for a long time had been, engaged as a carrier of freight between Townshend and Brattlcboro, and Townshend and Bellows Falls; that he had secured a large business, and a great number of patrons along said routes ; that on or about that day, the orator and one Cook purchased defendant’s team, wagon, &c., and the good will of his business ; that defendant agreed not to put a team onto either of the said routes for the purpose of hauling freight other than his own; that in consideration…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The jurisdiction of courts of equity to reform written instruments which through fraud or mistake fail to speak the true agreement of the parties, has long been firmly established. The strict rule of law, that parol evidence shall not be received to contradict or vary written instruments, is not enforced in equity in cases of this kind; but the court well ascertain the contract that the parties in fact made, and this must necessarily, in most cases, rest in parol. But in all such cases, the proof must be of the strongest and most conclusive…
2Cases cited6 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Day v. CummingsSupreme Court of Vermont · 1847
- Shattuck v. GaySupreme Court of Vermont · 1872
- Administrators of Smith v. Administrators of WainwrightSupreme Court of Vermont · 1852
- Mott v. MottNew York Supreme Court · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fife v. CateSupreme Court of Vermont · 1912
- Glasco v. School Dist. No. 22, McClain CountySupreme Court of Oklahoma · 1909
- Ward v. LymanSupreme Court of Vermont · 1937
- Schoolnick v. GoldSupreme Court of Connecticut · 1915
- Griffith v. HilliardSupreme Court of Vermont · 1890
5 more not listed; retrieve them via the Exa API.