Legal Opinion

Ballarb v. Bond

Supreme Court of Vermont

Decided November 15, 1859PublishedCited by 5 opinions

Assumpsit. The first count was as follows: “ In a plea of the case for that the said defendant heretofore to wit, at Hartford aforesaid, on the first day of March, 1856, in consideration that the plaintiff would sell to the defendant, at his request, a certain farm situated in Lebanon, in the county of Grafton, and State of New Hampshire, which the said plaintiff had bid off at public auction, at and for the sum of seven hundred and forty-seven dollars and fifty cents, then…

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Assumpsit. The first count was as follows: “ In a plea of the case for that the said defendant heretofore to wit, at Hartford aforesaid, on the first day of March, 1856, in consideration that the plaintiff would sell to the defendant, at his request, a certain farm situated in Lebanon, in the county of Grafton, and State of New Hampshire, which the said plaintiff had bid off at public auction, at and for the sum of seven hundred and forty-seven dollars and fifty cents, then and there promised and agreed with the said plaintiff that he should have the privilege of selling the said farm at any…

1Opinion of the CourtPoland, J.

The contract or promise upon which the plaintiff’s special count is founded-, being admitted by the demurrer to be wholly a parol undertaking, is clearly within the statute of frauds. The promise as stated was that “ he, the said defendant, would deed the said premises and give good title thereto to whoever the said plaintiff should sell the same to within the one year as aforesaid-.” A plainer case oí a Contract for the sale of lands Could scarcely be conceived.

The plaintiff claims to support his suit mainly upon the ground’ that it is brought to recover the price or consideration of the…

2Cases cited2 opinions

  1. Hodges v. GreenSupreme Court of Vermont · 1856
  2. Hibbard v. WhitneySupreme Court of Vermont · 1841

3Cited by5 opinions

  1. Wallace v. LongIndiana Supreme Court · 1886
  2. Grant v. GrantSupreme Court of Connecticut · 1893
  3. Dyer v. GravesSupreme Court of Vermont · 1864
  4. Robison v. PAGEIndiana Court of Appeals · 1959
  5. Thompson v. TiltonNew Jersey Court of Chancery · 1881

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