Thurber v. Russ Smith, Inc.

Plaintiff’s action was brought in Vermont District Court, Unit No. 1, Rutland Circuit, and is founded on the legal concept of negligent misrepresentation. The defendant filed a motion to dismiss based on the failure of the complaint to state a claim upon which relief can be granted. After hearing, the court granted the motion and plaintiff appealed.

The defendant argues that the appellant has failed to comply with Supreme Court Rule 5. This provides that where no transcript is required, as here, a stipulation of the parties or an order of the judge below indicating that no transcript is…