Legal Opinion

Dana v. Hancock

Supreme Court of Vermont

Decided August 15, 1858PublishedCited by 12 opinions

Assumpsit for the breach of a written contract to convey certain real estate. Pica, the general issue, and trial by the court, at the March Term, 1856, — Poland, J., presiding. On trial, the plaintiff read in evidence the following written contract, and proved its execution by the defendant.

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Assumpsit for the breach of a written contract to convey certain real estate. Pica, the general issue, and trial by the court, at the March Term, 1856, — Poland, J., presiding. On trial, the plaintiff read in evidence the following written contract, and proved its execution by the defendant. "In consideration of one dollar paid to me by Luther Henry and G. W. Dana, I hereby agree to execute and deliver the said Henry & Dana, or their order, a good and sufficient warrantee deed of all the land deeded to me by James Town, by deed dated March 15, 1839, said land lying in the town of Berlin, and…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

The only decision of the court which was excepted to, and which seems to have been made in this case, was that rejecting the oral evidence offered to show a change in the written contract by substituting another person for the one named in the contract, to make the survey of the land. We can not, therefore, with any propriety, consider any other question. Upon this decision the plaintiff submitted to a judgment against him, with leave to except to this ruling of the court.

In regard to this question, the English authorities, and those in…

2Cases cited1 opinion

  1. Lawrence v. DoleSupreme Court of Vermont · 1839

3Cited by12 opinions

  1. Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
  2. Rucker v. HarringtonMissouri Court of Appeals · 1893
  3. Hambleton v. U. Aja Granite Co.Supreme Court of Vermont · 1922
  4. Bonicamp v. StarbuckSupreme Court of Oklahoma · 1910
  5. Martin v. Martin & CarpenterSupreme Court of Vermont · 1925

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