Hawley v. Moody
Supreme Court of Vermont
This was an action of Assumpsit. Plea, the general issue, and trial by the court. On trial, the plaintiff gave evidence tending to prove, that on the 11th day of July, 1851, he contracted with the defendant, for a lease of the defendant’s tavern stand in Waterbury, (called the Waterbury House,) for one year from and after the first day of September, 1851, for six hundred dollars; and paid the defendant at the time one hundred dollars, in a gold watch, which defendant…
Read the full summary
This was an action of Assumpsit. Plea, the general issue, and trial by the court. On trial, the plaintiff gave evidence tending to prove, that on the 11th day of July, 1851, he contracted with the defendant, for a lease of the defendant’s tavern stand in Waterbury, (called the Waterbury House,) for one year from and after the first day of September, 1851, for six hundred dollars; and paid the defendant at the time one hundred dollars, in a gold watch, which defendant received as a payment of one hundred dollars towards the rent. And it was further stipulated at the time, that the parties…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
1. The statute of frauds in this State, contains no exception of leases, or contracts for leases in futuro, as is found in the English statute, and in some of the other States. This case falls, therefore, within the statute.
2. Part performance has not been regarded as any ground of relief at law; and it has not been considered that part payment merely amounted to such part performance, as to entitle the party to enforce the contract in equity even, or not generally.
3. The only question then is in regard to the part payment. It seems to be…
2Cases cited2 opinions
- Shaw v. ShawSupreme Court of Vermont · 1834
- Philbrook v. BelknapSupreme Court of Vermont · 1834
3Cited by11 opinions
- Richards v. RedelsheimerWashington Supreme Court · 1904
- Vermont & Canada Railroad v. Vermont Central RailroadSupreme Court of Vermont · 1861
- Great United Realty Co. v. LewisCourt of Appeals of Maryland · 2001
- Union Car Advertising Co. v. Boston Elevated Ry. Co.Court of Appeals for the First Circuit · 1928
- Booker v. WolfIllinois Supreme Court · 1902
6 more not listed; retrieve them via the Exa API.