Brunnell v. Eugene W. Carr Et Ux
| Decision Date | 07 January 1904 |
| Citation | 56 A. 660,76 Vt. 174 |
| Parties | OCTAVE B. BRUNNELL ET UX v. EUGENE W. CARR ET UX |
| Court | Vermont Supreme Court |
October Term, 1903.
CASE FOR DECEIT in the sale of land. Plea, the general issue. Trial by court in the city court of the city of Montpelier, Laird, Acting Judge. Judgment for the defendants to recover their costs. The plaintiffs excepted.
Judgment affirmed as to Mrs. Carr, but reversed as to Mr. Carr, and judgment against him for said last-mentioned sum, with interest thereon as aforesaid, and costs. Certified execution granted.
H. C. Shurtleff for the plaintiff.
Sargent for the defendant.
Present: ROWELL, C. J., MUNSON, START, WATSON, STAFFORD, and HASELTON, JJ.
This is case for deceit in the sale of land conveyed to the plaintiffs by the joint deed of the defendants. The deceit consisted in a statement in the deed that the premises were free from incumbrance, except a certain mortgage whereon was then due $ 640, which the grantees assumed and agreed to pay as a part of the price, whereas there was more then due thereon, to the knowledge of the defendants, which the plaintiffs had to pay.
It not appearing that the land was Mrs. Carr's, the case does not come within the Married Women's Act, but must stand upon the common law, and at the common law a married woman is not liable for torts based upon her contracts, but only for her torts simpliciter. Woodward v. Barnes, 46 Vt. 332; Russell v. Phelps, 73 Vt. 390, 50 A. 1101.
But Mr. Carr is liable for his tort in the matter, and should pay to the plaintiffs $ 167.70, the amount they had to pay by reason thereof, with interest thereon by way of damages from the commencement of the suit, the record not showing when the payment was made.
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