Waite v. Stanley
Supreme Court of Vermont
General Assumpsit. Plea,' the general issue. Trial by court at the June Term, 1913, Lamoille County, Fish, J., presiding. Judgment for the plaintiff for $854.03, and costs. The defendant excepted.
Read the full summary
General Assumpsit. Plea,' the general issue. Trial by court at the June Term, 1913, Lamoille County, Fish, J., presiding. Judgment for the plaintiff for $854.03, and costs. The defendant excepted. One item of the plaintiff’s specifications, which was allowed and entered into the judgment, was, “To balance payment due Nov. 11, 1911, and interest due Nov. 11, 1912, $598.00.” This item was the unpaid balance of the first instalment of purchase-money stipulated to be paid in the land contract signed and sealed by the parties, which, so far as material in this case, was as follows: “Articles of…
1Opinion of the CourtWatson, J.
Although the contract upon which the plaintiff bases his right to recover the item in dispute was for the sale by him to the defendant of both land and personalty, yet the consideration was single, the contract indivisable and entire. Fay v. Oliver, 20 Vt. 118; White v. White, 68 Vt. 161, 34 Atl. 425. It was also executory. At law it merely imparted to the defendant an inchoate and imperfect right. The ownership of the property remained in the plaintiff. To make the ownership of the defendant complete something remained to be done by the plaintiff: he must pass his legal interest in legal…
2Cases cited21 opinions
- Hansbrough v. PeckSupreme Court of the United States · 1867
- Clark v. HallNew York Court of Chancery · 1839
- Sparks v. HessCalifornia Supreme Court · 1860
- Van Dyke v. ColeSupreme Court of Vermont · 1908
- Sievers v. BrownOregon Supreme Court · 1899
16 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Davies v. BoydNew Mexico Supreme Court · 1963
- Portner v. TannerWyoming Supreme Court · 1923
- Dooley v. StillsonSupreme Court of Rhode Island · 1925
- Server v. LangSupreme Court of Vermont · 1918
- Taplin & Rowell v. ClarkSupreme Court of Vermont · 1915
13 more not listed; retrieve them via the Exa API.