Brown v. Aitken
Supreme Court of Vermont
Assumpsit for. money paid on the purchase price of real estate. Plea, the general issue. Trial by jury at the September Term, 1913, Franklin County, Taylor, J., presiding. The jury returned the special verdicts recited in the opinion, and the court directed a general verdict for the defendants and gave judgment thereon, to which the plaintiff excepted. The opinion fully statés the case.
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Assumpsit for. money paid on the purchase price of real estate. Plea, the general issue. Trial by jury at the September Term, 1913, Franklin County, Taylor, J., presiding. The jury returned the special verdicts recited in the opinion, and the court directed a general verdict for the defendants and gave judgment thereon, to which the plaintiff excepted. The opinion fully statés the case. Plaintiff rescinded the contract, and by the delivery of the key surrendered possession of the property. Henry v. Martin, 39 Yt. 42. The question of a material breach should have been submitted to the jury.…
1Opinion of the CourtPowers, C. J.
In the fall of 1911, the plaintiff bargained with the defendants’ agent for the purchase of a house and lot in Berkshire. He paid down $50 and it was agreed that the balance of the purchase price should be paid on delivery of the deed or about January 1, 1912. ■ The plaintiff went into possession of the property on or about November 1, 1911, and on the 14th made a further payment on the purchase of $400. The action is assumpsit and is brought to recover the amounts so paid.
The evidence tended to show that on or about December 17, 1911, Combs, the agent of the defendants who lived in…
2Cases cited6 opinions
- Clapp v. GreenleeSupreme Court of Iowa · 1897
- Klim v. SachsAppellate Division of the Supreme Court of the State of New York · 1905
- Nealon v. HenryMassachusetts Supreme Judicial Court · 1881
- Floeting v. HorowitzAppellate Division of the Supreme Court of the State of New York · 1907
- Ward v. MarvinSupreme Court of Vermont · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Nichols v. Central Vermont Railway Co.Supreme Court of Vermont · 1919
- Brown v. AitkenSupreme Court of Vermont · 1916
- Cutler Co. v. BarberSupreme Court of Vermont · 1919
- Drew v. BowenSupreme Court of Vermont · 1929
- Sterrett Enterprises, Inc. v. Yankee Chapman, Inc.Supreme Court of Vermont · 1985