Preston v. Whitcomb
Supreme Court of Vermont
Appeal from the court of chancery. The allegations in the orator’s bill, which it becomes material to detail, were, in substance, that, prior to March 13, 1837, the defendant had received from the orator a quantity of hay, and that a dispute had arisen between them relative to it, — the defendant claiming that the orator had agreed to purchase the defendant’s title to a certain piece of land, and that the hay was delivered in part payment therefor; that on the 13th day of…
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Appeal from the court of chancery. The allegations in the orator’s bill, which it becomes material to detail, were, in substance, that, prior to March 13, 1837, the defendant had received from the orator a quantity of hay, and that a dispute had arisen between them relative to it, — the defendant claiming that the orator had agreed to purchase the defendant’s title to a certain piece of land, and that the hay was delivered in part payment therefor; that on the 13th day of March, 1837, the parties agreed to submit their differences to the arbitrament of Edward Jones and Nathan Fay, jr.; that…
1Opinion of the Court
*188The opinion of the court was delivered by
Bennett, J.
The primary object of this bill is to reforman award of arbitrators, and make it different from wh'at it is upon its. face, or entirely to set it aside, and grant relief according to what is claimed to be the inherent equities of the parties.
We have no occasion to pass upon the question, whether a court of equity has power to correct a mistake in law, unaccompanied with other grounds of relief, and, if so, whether the principle should be extended to awards of arbitrators. The evidence, in this case, to show any mistake in drawing up the…
2Cases cited2 opinions
- Preston v. WhitcombSupreme Court of Vermont · 1839
- Whitcomb v. PrestonSupreme Court of Vermont · 1841
3Cited by3 opinions
- Ward v. LymanSupreme Court of Vermont · 1937
- Barry v. HarrisSupreme Court of Vermont · 1877
- Fuller v. KnappSupreme Court of Vermont · 1909