Legal Opinion
Nutting v. Freda
Supreme Court of Vermont
Decided January 26, 1990No. 88-505PublishedCited by 4 opinions
1Opinion of the Court
Entry Order
The findings of fact are supported by the evidence and are not clearly erroneous. V.R.C.P. 52(a).
The findings support the conclusion that defendant’s oral promise to convey the subject premises to plaintiff came within an exception to the Statute of Frauds, 12 V.S.A. § 181(5). As stated in Restatement (Second) of Contracts § 129 (1981):
A contract for the transfer of an interest in land may be specifically enforced notwithstanding failure to comply with the Statute of Frauds if it is established that the party seeking enforcement, in reasonable reliance on the contract and on the…
2Cases cited3 opinions
- Towsley v. Champlain Oil CompanySupreme Court of Vermont · 1969
- Colony Park Associates v. GallSupreme Court of Vermont · 1990
- Nichols v. Nichols, Jr.Supreme Court of Vermont · 1981
3Cited by4 opinions
- In Re Estate of GortonSupreme Court of Vermont · 1997
- Town of Rutland v. City of RutlandSupreme Court of Vermont · 1999
- Jeffrey D. Hayes and Deborah Hayes McGraw v. Mountain View Estates Homeowners AssociationSupreme Court of Vermont · 2018
- Stonewall of Woodstock Corp. and Accordion, LLC v. Stardust 11TS, LLC and Oliver Block, LLCSupreme Court of Vermont · 2018