Fife v. Cate
Supreme Court of Vermont
Appeal in Chancery, Lamoille County, Stanton, Chancellor. Heard in vacation after the June Term, 1910, and after remand of the case as reported in 84 Vt. 45, on the pleadings and original finding of facts by the Chancellor, supplemented by his further findings based on the evidence- originally taken. 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 case has been here before, as shown by 84 Vt. 45, 77 Atl. 947. It is a bill in chancery to reform a written contract of settlement of a long course of dealing between the orators and the defendant Cate in a lumber business involving several hundred thousand dollars, and for an injunction against the further prosecution of certain actions at law. The case was sent back then because the parol agreement to which the writing is sought to be conformed was not found beyond a reasonable doubt.
*422It is now found beyond a reasonable doubt that said parol agreement was, and wasmutually intendedby the…
2Cases cited21 opinions
- Linsley v. LovelySupreme Court of Vermont · 1853
- Bradish v. BlissSupreme Court of Vermont · 1862
- State v. RyderSupreme Court of Vermont · 1908
- Beardsley v. KnightSupreme Court of Vermont · 1838
- Stoddard v. Van BussumNew Jersey Court of Chancery · 1898
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3Cited by21 opinions
- Houran, Admr. v. Preferred Acc. Ins. Co. of N.Y.Supreme Court of Vermont · 1938
- In re Bean's WillSupreme Court of Vermont · 1912
- Gilfillan v. Gilfillan's EstateSupreme Court of Vermont · 1916
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
16 more not listed; retrieve them via the Exa API.