Vittum v. Estey
Supreme Court of Vermont
Assumpsit. Trial by jury at the May term, 1894, Windsor county, Thompson, J., presiding. At the close of the plaintiff’s evidence the court directed a verdict for the defendant.
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Assumpsit. Trial by jury at the May term, 1894, Windsor county, Thompson, J., presiding. At the close of the plaintiff’s evidence the court directed a verdict for the defendant. The agreement upon which the plaintiff’s suit was predicated was as follows : “Cavendish, Vt., October 7, 1893. “Received of Frank Vittum, by hand of M. S. Buck, fifty dollars, in part payment for the Cady farm, so called', where I now reside in Cavendish, which I agree to convey to the said Frank Vittum by a warranty deed in common form, for one thousand, and twenty-five dollars, the purchase money for said farm and…
1Opinion of the CourtRowell, J.
This is an action to recover damages for the anticipatory breach of a contract, whereby the defendant *160agreed to convey to the plaintiff a farm and certain personal property on or before November 1, 1893, at and for the price of one thousand and twenty-five dollars. Plaintiff paid down fifty dollars, and claimed that the defendant orally agreed to throw off fifty from the balance for cash instead of a mortgage. On October 30, 1893, the plaintiff’s attorney, in his presence, tendered to the defendant nine hundred and twenty-five dollars, and demanded a deed at once. The defendant himself was…
2Cases cited1 opinion
- Dingley v. OlerSupreme Court of the United States · 1886
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