Legal Opinion

Jordon v. Dyer

Supreme Court of Vermont

Decided January 15, 1861PublishedCited by 8 opinions

Assumpsit for a portion of the price of certain real estate sold by the plaintiffs to the defendant. The case was referred and the referee reported the following fact? : In the spring of 1856 the defendant was desirous of purchasing the farm of the plaintiff, Mrs, Jordon. She and her husband were willing to sell the same for twelve hundred dollars, and for no less sum, but would not sell unless they could first find where they could procure another farm that would suit them.

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Assumpsit for a portion of the price of certain real estate sold by the plaintiffs to the defendant. The case was referred and the referee reported the following fact? : In the spring of 1856 the defendant was desirous of purchasing the farm of the plaintiff, Mrs, Jordon. She and her husband were willing to sell the same for twelve hundred dollars, and for no less sum, but would not sell unless they could first find where they could procure another farm that would suit them. Alanson Dyer, the father of the defendant, in his behalf, participated in the negotiation for the bargain. The…

1Opinion of the CourtKellogg, J.

This is an action of assumpsit for the recovery of the price of certain real estate alleged to have been sold by the plaintiffs to the defendant, and the facts relied on to support the action appear in the report of the referee to whom the cause was referred in.the county court. The plaintiff’s claim depends on the question whether the real character of the transaction between them and the defendant was that of a sale of the farm of Mrs. Jordon, one of the plaintiffs, to him for a certain and specified price, or that of an exchange of this farm with him for the Goss farm, without reference to…

2Cited by8 opinions

  1. Hunter v. PorterIdaho Supreme Court · 1904
  2. Ryan v. OhmesCourt of Appeals for the Second Circuit · 1917
  3. Grover & Baker Sewing Machine Co. v. BulkleyIllinois Supreme Court · 1868
  4. Hartwig v. RushingOregon Supreme Court · 1919
  5. McNeer, Talbott & Johnson v. C. & O. Ry. Co.West Virginia Supreme Court · 1915

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