Legal Opinion

Reynolds v. Reynolds

Supreme Court of Vermont

Decided August 21, 1902PublishedCited by 7 opinions

General assumpsit. Pleas, the general issue and statute •of limitations. Heard on a referee’s report at the August 'Term, 1901, Grand Isle County, Rowell, J., presiding. Judgment for the plaintiff for the larger sum named in the report. The defendant excepted. The contract under which the plaintiff was engaged implied that the deed of an interest in the farm was contingent on the fulfillment on the plaintiff’s part of his undertaking to pay off the mortgage.

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General assumpsit. Pleas, the general issue and statute •of limitations. Heard on a referee’s report at the August 'Term, 1901, Grand Isle County, Rowell, J., presiding. Judgment for the plaintiff for the larger sum named in the report. The defendant excepted. The contract under which the plaintiff was engaged implied that the deed of an interest in the farm was contingent on the fulfillment on the plaintiff’s part of his undertaking to pay off the mortgage. Otherwise, the plaintiff, on getting his deed, could convey his interest, quit work and leave the defendant to pay off the mortgage…

1Opinion of the CourtStafford, J.

The parties are brothers. Henry, the elder, had title to the farm he lived on subject to a mortgage. Albert went to work on the farm for Henry upon the mutual understanding that he should have lodging, food, and clothes as good as Henry’s, and if they got along well and Albert took hold and helped pay off the mortgage he should sometime have a deed of some interest in the farm. After Albert had worked under this arrangement for about four years, receiving board, lodging and clothes, a portion of the mortgage having in the meantime been paid, he pressed Henry, for a deed, and, failing to get…

2Cases cited5 opinions

  1. Brainard v. Van DykeSupreme Court of Vermont · 1899
  2. Hill v. HillMassachusetts Supreme Judicial Court · 1873
  3. New England Fire Insurance v. HaynesSupreme Court of Vermont · 1899
  4. Williams v. HartMassachusetts Supreme Judicial Court · 1875
  5. Stone v. StoneSupreme Court of Vermont · 1870

3Cited by7 opinions

  1. Houran, Admr. v. Preferred Acc. Ins. Co. of N.Y.Supreme Court of Vermont · 1938
  2. Ellis's Admr. v. DurkeeSupreme Court of Vermont · 1906
  3. Hayden v. HoadleySupreme Court of Vermont · 1920
  4. Hooker, Corser & Mitchell Co. v. HookerSupreme Court of Vermont · 1915
  5. Sheffer v. B. B. Perkins & Co.Supreme Court of Vermont · 1910

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