Smith v. Drummond

This is an appeal by defendants from an amended judgment order on a complaint, answer and counterclaim growing out of an oral lease of agricultural land in Windsor, Vermont, by plaintiffs to defendants. The trial court dismissed the counterclaim on the grounds that defendants failed to prove the allegations “by the requisite measure of proof.” The damages, granted against defendant Derek Drummond only, totaled nine thousand eight hundred forty-nine dollars, and ninety-five cents, together with costs.

Defendants on appeal raise two issues for review. First, they contend that certain findings by…