Legal Opinion

Blake v. Burnham

Supreme Court of Vermont

Decided March 15, 1857PublishedCited by 3 opinions

Covenant. The declaration counted only upon a covenant of seizin in a deed from the defendant to the plaintiff. Upon the trial in the county court, January Term, 1857,— Underwood, J., presiding,— the covenant and its breach were shown, and it appeared that, at the time of the purchase of the land by the plaintiff, he gave his notes for the consideration agreed to be paid, which were payable at different times, with annual interest, and had been so paid with the exception of…

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Covenant. The declaration counted only upon a covenant of seizin in a deed from the defendant to the plaintiff. Upon the trial in the county court, January Term, 1857,— Underwood, J., presiding,— the covenant and its breach were shown, and it appeared that, at the time of the purchase of the land by the plaintiff, he gave his notes for the consideration agreed to be paid, which were payable at different times, with annual interest, and had been so paid with the exception of two, which were brought into court and surrendered. It also appeared that the plaintiff, after his purchase, sold…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The judgment of the county court in this case must *438be reversed, and tbe case remanded. The rule of damages for the breach of the covenant of seizin is the consideration money paid and interest. Interest is given as damages for the delay of payment, and its rate is fixed and determined by statute. It is immaterial what rate of interest the plaintiff agreed to pay on the securities he gave for the purchase money. That is a matter of contract aside from the deed, and whether it be four, six or ten per cent., it will not affect the interest…

2Cases cited1 opinion

  1. Catlin v. HurlburtSupreme Court of Vermont · 1831

3Cited by3 opinions

  1. Tillotson v. PrichardSupreme Court of Vermont · 1887
  2. Saulters v. Town of VictorySupreme Court of Vermont · 1862
  3. Campbell v. MartinSupreme Court of Vermont · 1915

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