Villeneuve v. Bovat

This litigation comes down to a rather orthodox suit for specific performance of a written contract for the sale of described lands. Unless some countervailing equitable consideration exists, the relief sought is usually granted as a matter of course. Fowler v. Sands, 73 Vt. 236, 237, 50 A. 1067. In this case the chancellor denied the remedy, and we must reverse.

The proceedings below were rather unnecessarily complicated by the election to carry forward the action at law for damages and the later equitable action simultaneously, in the name of consolidation. The pursuit of the remedy of…