Stevens v. Pillsbury
Supreme Court of Vermont
Bill in Chancery. Heard on bill, answer, and testimony, Orange County, December Term, 1881, Powers, Chancellor. Bill dismissed. The orator seeks to have the real estate decreed to him by reason of the breaches of the condition in the Bliss deed. He paid. $3,000 for the good will of the Bliss hotel. There was a material breach of the condition. If a breach, what are the consequences ? a forfeiture, or damages ? — clearly a forfeiture of the whole Bliss hotel property.
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Bill in Chancery. Heard on bill, answer, and testimony, Orange County, December Term, 1881, Powers, Chancellor. Bill dismissed. The orator seeks to have the real estate decreed to him by reason of the breaches of the condition in the Bliss deed. He paid. $3,000 for the good will of the Bliss hotel. There was a material breach of the condition. If a breach, what are the consequences ? a forfeiture, or damages ? — clearly a forfeiture of the whole Bliss hotel property. The condition was a precedent condition. 4 Kent Com. 135, 138, n.; 1 Wash. R. P. c. 14, s. 2; 2 Jar. Wills, 2, 4. A Court of…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
January 1, 1855, the orator purchased and took a deed of the Trotter House property, in Bradford, from Ellis Bliss, for the expressed consideration of $6,750. He paid Bliss that amount. Bliss had for a number of years been keeping a hotel on premises adjoining the Trotter House property, known as the Bliss hotel property. He had purchased the Trotter House property the March previous for about $3,600, and laid out about $400 in making repairs. As an inducement to the orator to purchase the Trotter House property and pay the price asked, he…
2Cases cited5 opinions
- Williams v. Dakin & BaconCourt for the Trial of Impeachments and Correction of Errors · 1839
- Cushing v. DrewMassachusetts Supreme Judicial Court · 1867
- Butler v. BurlesonSupreme Court of Vermont · 1844
- Leary v. LaflinMassachusetts Supreme Judicial Court · 1869
- Barry v. HarrisSupreme Court of Vermont · 1877
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- Parkhurst v. BrookSupreme Court of Vermont · 1900
- Borley v. McDonaldSupreme Court of Vermont · 1897