Curtis v. Burdick
Supreme Court of Vermont
Case for deceit in the sale of land. Trial by jury, September Term, 1875, PierpoiNT, Ch. J., presiding, and verdict for the plaintiff.
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Case for deceit in the sale of land. Trial by jury, September Term, 1875, PierpoiNT, Ch. J., presiding, and verdict for the plaintiff. The declaration alleged “ that plaintiff * * * bargained with said defendants to buy of them a certain piece of land of said defendants, to wit, all the land and buildings thereon which were conveyed to George F. Smith and Daniel P. Smith, and by deeds dated July 16, A. D. 1867, and by said Smith to said defendants by deed dated Oct. 12, A. D. 187 ; which said lands are situate in the town of Stannard, in said Caledonia County, and said land is described in a…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The request of the defendants that the court should instruct the jury that the plaintiff could not recover by reason of the variance between the proof and the declaration, was rightly *170refused. The variance complained of was not between any evidence introduced by the plaintiff and the declaration, but was between evidence introduced by the defendants and the declaration. It is.not competent for a defendant, by the introduction of evidence contradicting facts alleged in a declaration, to avail himself, as matter of law, of the benefit of such…
2Cases cited5 opinions
- Harding v. CragieSupreme Court of Vermont · 1836
- Brown v. HitchcockSupreme Court of Vermont · 1856
- Hendrick v. SeeleySupreme Court of Connecticut · 1826
- Lincoln v. BlanchardSupreme Court of Vermont · 1845
- Needham v. McAuleySupreme Court of Vermont · 1841
3Cited by6 opinions
- Rea v. HarringtonSupreme Court of Vermont · 1885
- Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
- State v. FreemanSupreme Court of Vermont · 1891
- Klair v. Philadelphia, Baltimore & Washington RailroadSuperior Court of Delaware · 1910
- Hamilton v. GraySupreme Court of Vermont · 1894
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