Legal Opinion

Fife v. Cate

Supreme Court of Vermont

Decided November 5, 1910PublishedCited by 8 opinions

Appeal in Chancery. Heard on the pleadings and facts found by the Chancellor, at the June Term, 1909, Lamoille County, Stanton, Chancellor. Decree reforming the written contract in question and perpetually enjoining the prosecution of certain suits at law. The defendants appealed. The opinion states the case.

1Opinion of the CourtRowell, C. J.

This is a bill in chancery to reform a written contract of settlement of a long course of dealing between the orators and Cate in a lumber business, and for an injunction against the further prosecution of certain suits at law.

The written contract is dated January 27, 1905, the day the verbal agreement was made, and signed by the orators, parties of the first part, and Cate and wife, parties of the second part, about the 16th of February, 1905. The part of the written contract sought to be reformed is this: “And the parties of the first part further agree, jointly and severally, to relinquish…

2Cases cited3 opinions

  1. Fitch v. AmsdenSupreme Court of Vermont · 1897
  2. Dunshee v. ParmeleeSupreme Court of Vermont · 1847
  3. Fairbanks v. HarveySupreme Court of Vermont · 1910

3Cited by8 opinions

  1. In re Bean's WillSupreme Court of Vermont · 1912
  2. Dunnett v. Shields and ConantSupreme Court of Vermont · 1924
  3. deNEERGAARD v. DillinghamSupreme Court of Vermont · 1963
  4. Fife v. CateSupreme Court of Vermont · 1912
  5. Hitchcock v. KennisonSupreme Court of Vermont · 1921

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