Bellows v. Sowles
Supreme Court of Vermont
Assumpsit. Heard on demurrer to the declaration, September Term, 1883, Franklin County, Royce, Oh. J., presiding. Demurrer overruled. The declaration alleged in substance: That the plaintiff was a relative and heir-at-law of Hiram Bellows, deceased; tliat by the terms of said.
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Assumpsit. Heard on demurrer to the declaration, September Term, 1883, Franklin County, Royce, Oh. J., presiding. Demurrer overruled. The declaration alleged in substance: That the plaintiff was a relative and heir-at-law of Hiram Bellows, deceased; tliat by the terms of said. Bellows’ will, presented to the Probate Court for allowance, no provision was made for the plaintiff; that the plaintiff “ claimed and insisted that he was left out of said will, and that no provision * * * * was made for the plaintiff through undue influence had and used upon said Bellows by said defendant and his…
1Opinion of the Court
*169The opinion of the court was delivered, by
Powers, J.
Counsel for the defendant have demurred to the declaration in this case upon two grounds; first, that the consideration alleged is insufficient; secondly, that the promise not being in writing comes within, and is therefore not enforceable under, the Statute of Frauds.
It has been so often held that forbearance of a legal right affords a sufficient consideration upon which to found a valid contract, and that the consideration required by the Statute of Frauds does not differ from that required by the common law, it does not appear to us to be…
2Cases cited5 opinions
- Emerson v. SlaterSupreme Court of the United States · 1860
- Cross v. RichardsonSupreme Court of Vermont · 1858
- Lampson v. Estate of HobartSupreme Court of Vermont · 1856
- Templeton v. BascomSupreme Court of Vermont · 1860
- Harrington v. RichSupreme Court of Vermont · 1831
3Cited by6 opinions
- Contractor's Crane Service, Inc. v. Vermont Whey Abatement AuthoritySupreme Court of Vermont · 1986
- Danheiser v. Germania Savings Bank & Trust Co.Tennessee Supreme Court · 1917
- Smolka v. James T. Chandler & Son, Inc.Supreme Court of Delaware · 1941
- Brown v. QuintonSupreme Court of Kansas · 1912
- Reynolds-McGinness Co. v. GreenSupreme Court of Vermont · 1905
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