Legal Opinion

Soper v. Frank

Supreme Court of Vermont

Decided January 15, 1875PublishedCited by 4 opinions

Debt on Award. Plea, the general issue, and notice of special matter. Trial by the court, December term, 1874, Pierpoint, Ch. J., presiding. The submission was, * * * “that we will abide b'y the decision of the referees, namely, * * * in regard to a lease of the farm known as the Prank farm, leased to the said Soper for the term of five years, for which they now agree to dissolve, and abide by their decision.”

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Debt on Award. Plea, the general issue, and notice of special matter. Trial by the court, December term, 1874, Pierpoint, Ch. J., presiding. The submission was, * * * “that we will abide b'y the decision of the referees, namely, * * * in regard to a lease of the farm known as the Prank farm, leased to the said Soper for the term of five years, for which they now agree to dissolve, and abide by their decision.” The award was, * * * “ that we have examined the accounts on both sides, and appraised all damages and differences between them, according to our best judgment, and find a balance due…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This action is debt on an award. The defendant, by written instrument under seal, leased his farm to the pláiutiff for the term of five years from and after the 15th March, 1872; and plaintiff stipulated in said lease to keep and support the defendant’s parents during said term. During the first year, a question arose as to the right of defendant to terminate the lease ; and thereupon the parties agreed to submit the question, how much the defendant should pay the plaintiff to terminate the lease and surrender the premises to the defendant…

2Cited by4 opinions

  1. Harris v. Harris's EstateSupreme Court of Vermont · 1909
  2. Wheeler v. CampbellSupreme Court of Vermont · 1895
  3. Gay's Estate v. HassomSupreme Court of Vermont · 1892
  4. Batchelder Brown v. Reynolds Admx.Supreme Court of Vermont · 1935

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