McDonough v. Hanger
Supreme Court of Vermont
Action ok Contract to recover damages for breach, of covenant of seisin. Plea, the general issue. Trial by Court at the September Term, 1919, Rutland County, Fish, J., presiding. Judgment for the plaintiffs. The defendants excepted. The opinion states the case.
1Opinion of the CourtPowers, J.
[1] This is an action of-contract on a broken covenant of seisin. At the trial below, the plaintiff put in evidence the deed containing the covenant sued on, and, reserving the right to prove his damages, rested, claiming that the burden was thereby cast upon the defendants to prove the performance of their covenant. The court so ruled, and the defendant excepted. In support of this ruling, the plaintiffs call to our attention various cases from other jurisdictions so holding. But these decisions are all founded upon the common-law rule, which, it may be admitted, was just what the plaintiffs…
2Cases cited16 opinions
- Dernier v. Rutland Railway, Light & Power Co.Supreme Court of Vermont · 1920
- Woolley v. . NewcombeNew York Court of Appeals · 1882
- Ingalls v. EatonMichigan Supreme Court · 1872
- Johnson v. BardenSupreme Court of Vermont · 1912
- Wilder v. Davenport's EstateSupreme Court of Vermont · 1886
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3Cited by3 opinions
- Parrow v. ProulxSupreme Court of Vermont · 1940
- Noyes v. PierceSupreme Court of Vermont · 1923
- Mount Ida School, Inc. v. GilmanSupreme Court of Vermont · 1924