Peryer v. Pennock
Supreme Court of Vermont
Appeal in Chancery. Bill for the specific performance of a contract to convey land and for damages arising from certain acts of the defendants which made them unable to comply with the provisions in the contract for the conveyance by them to the plaintiff of a right of way over other land. Heard on the pleadings and an agreed statement of facts at the March Term, 1920, Rutland County, Wilson, Chancellor.
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Appeal in Chancery. Bill for the specific performance of a contract to convey land and for damages arising from certain acts of the defendants which made them unable to comply with the provisions in the contract for the conveyance by them to the plaintiff of a right of way over other land. Heard on the pleadings and an agreed statement of facts at the March Term, 1920, Rutland County, Wilson, Chancellor. Decree for the plaintiff for specific performance and for the recovery of damages. The defendants appealed. The opinion states the case.
1Opinion of the CourtWatson, C. J.
The decree rendered below cannot stand for at least two substantial reasons. First. It seems to have been rendered on the basis of a wrong interpretation of the land contract as to the terms of payment. The agreed purchase price is one thousand dollars payable, one hundred dollars on the day of the execution of the contract, and one hundred dollars annually thereafter until fully paid, all moneys due and unpaid to draw interest at the rate of five per centum per annum; and when five hundred dollars has been paid together with interest thereon, the defendants will convey the premises to the…
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