Brower v. Hill

Plaintiff brought action for specific performance of a written contract with the defendants, to sell him specified lands in Hancock, Vermont, and for damages for breach of the contract. The damage aspect of his claim was subsequently waived. Defendants, admitting the contract, claimed fraud in its inducement, unconscionability, and unauthorized practice of law by the plaintiff. They counterclaimed for damages. They requested jury trial “on each and every issue triable by jury.”

Although the action was clearly equitable in nature, the presiding judge evidently considered that jury determination…