Frigon v. Whipple

Plaintiff sought a declaratory judgment that $1500 admittedly paid over to him and his former wife by the defendant, her grandmother, in May, 1969, was a gift rather than a loan. The defendant answered, claiming the payment was in fact a loan, and filed a counterclaim for its collection. Plaintiff filed no further pleading.

On trial, plaintiff objected to evidence of the loan, citing the Statute of Frauds applicable to agreements not to be performed within one year. 12 V.S.A. § 181(4). The objection was overruled and the evidence admitted. Under the evidence, the court found, in a finding not…