Freeman v. Henry
Supreme Court of Vermont
Covenant. The declaration counted upon a covenant in defendant’s deed of a certain lot, conditioned that plaintiff should build a store on said lot, whereby defendant Covenanted with plaintiff to build a store on the northerly side of said lot, in the angle between said lot and said Baxter’s store, and to furnish plaintiff with access to the second story thereof by a flight of stairs to be erected by defendant on said angle, at least four feet and six inches wide, and to…
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Covenant. The declaration counted upon a covenant in defendant’s deed of a certain lot, conditioned that plaintiff should build a store on said lot, whereby defendant Covenanted with plaintiff to build a store on the northerly side of said lot, in the angle between said lot and said Baxter’s store, and to furnish plaintiff with access to the second story thereof by a flight of stairs to be erected by defendant on said angle, at least four feet and six inches wide, and to keep said stairs in a suitable condition for use. And the plaintiff avers that he has built a store on said piece of laud,…
1Opinion of the Court
The opinion of the court was delivered by
Boss, J.
So much of the declaration as the defendant’s pleas did not answer we think must be taken as admitted in this class of cases. Buel v. Briggs, 15 Vt. 34.
The defendant’s second special plea purports to answer the whole declaration. Inasmuch as the plaintiff joined issue on this plea, and went to trial on it as it stood, if this issue had been found for the defendant, it may be that the defendant would have been entitled to judgment in his favor. The court below, as we think, correctly held that the defendant failed to produce any testimony which…
2Cases cited1 opinion
- Carpenter v. BriggsSupreme Court of Vermont · 1843