Legal Opinion
Gerety v. Poitras
Supreme Court of Vermont
Decided December 6, 1966No. 1955PublishedCited by 20 opinions
1Opinion of the CourtKeyser, J.
The defendant appealed from the order of the chancery court denying his motion to dismiss plaintiff’s petition for specific performance. The appeal is by permission of the court below before final decree under 12 V.S.A. §2386.
Since the motion to dismiss attacks the sufficiency of the petition, it is in the nature of a demurrer and consideration of the motion depends entirely upon the facts' stated in the petition. Woodard v. Porter Hospital, Inc., 125 Vt. 264, 265, 214 A.2d 67, and cases there cited.
On January 24, 1964, the plaintiff entered into a written agreement .with the defendant to…
2Cases cited7 opinions
- Schoenthal v. Irving Trust Co.Supreme Court of the United States · 1932
- Union Pacific Railroad v. Board of County CommissionersSupreme Court of the United States · 1918
- United States v. Bitter Root Development Co.Supreme Court of the United States · 1906
- Powers v. State Highway BoardSupreme Court of Vermont · 1962
- Woodard v. Porter Hospital, Inc.Supreme Court of Vermont · 1965
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Laird Properties New England Land Syndicate v. Mad River Corp.Supreme Court of Vermont · 1973
- Ferrisburgh Realty Investors v. SchumacherSupreme Court of Vermont · 2010
- Poulin v. Town of DanvilleSupreme Court of Vermont · 1969
- Cenlar FSB v. Joseph L. Malenfant, Jr. and Laurie G. MalenfantSupreme Court of Vermont · 2016
- Moreau v. Sylvester, Sylvester v. MoreauSupreme Court of Vermont · 2014
15 more not listed; retrieve them via the Exa API.