Flanders v. Fay
Supreme Court of Vermont
Assumpsit. Elea, the general issue, and trial by jury at the May Term, 1867, Barrett, J., presiding. The plaintiff gave in evidence to the jury a written contract of lease, not sealed, made the 26th day of February, 1862, and also gave evidence tending to show that the market value of sheep-increased during the year covered by the lease.
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Assumpsit. Elea, the general issue, and trial by jury at the May Term, 1867, Barrett, J., presiding. The plaintiff gave in evidence to the jury a written contract of lease, not sealed, made the 26th day of February, 1862, and also gave evidence tending to show that the market value of sheep-increased during the year covered by the lease. The court holding that by the terms and legal effect of said lease, the plaintiff Was entitled to one-half of the increase of value ascertained by appraisal with reference to the market. The defendant claimed and offered evidence to show that after said lease…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
The ver-diet of the jury in this case has established the fact, that after the execution of the written lease, made a part of the case, and on the 1st day of April when by its terms it’ was to take effect, the parties to it mutually agreed that the appraisal of the stock, with which the defendant was to stock the farm demised, should be made without reference to its market value, but merely with reference to its condition for the purpose of determining whether at the end of the term for which the farm was leased, it was in as good, or better,…
2Cases cited1 opinion
- Sherwin & Salpaugh v. Rut. & Bur. Rail RoadSupreme Court of Vermont · 1852
3Cited by7 opinions
- Thomas v. BarnesMassachusetts Supreme Judicial Court · 1892
- Wood v. JamesSupreme Court of Vermont · 1918
- Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
- Davenport v. CrowellSupreme Court of Vermont · 1907
- Frost v. North British & Mercantile InsuranceSupreme Court of Vermont · 1905
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