Miller v. Ladd

Plaintiffs initiated a suit against the defendant, Orville W. Ladd, for specific performance of an alleged contract for the sale of a part of defendant’s farm. While the suit was pending and before trial, the defendant was killed in an automobile accident. The trial court dismissed plaintiffs’ case pursuant to V.R.C.P. 25(a) (1) on the ground that they failed to move for substitution of the executor of the decedent’s estate as a party defendant not later than 90 days after Ladd’s death had been suggested upon the record.

Plaintiffs appeal, claiming that since their neglect in moving for…