Reynolds v. Reynolds

Citation52 A. 1036, 74 Vt. 463
Case DateAugust 21, 1902
CourtUnited States State Supreme Court of Vermont
52 A. 1036
74 Vt. 463

REYNOLDS
v.
REYNOLDS.

Supreme Court of Vermont. Grand Isle.

Aug. 21, 1902.


Exceptions from Grand Isle county court; Rowell, Judge.

Action by Albert Reynolds against Henry Reynolds. From a judgment for plaintiff, defendant brings exceptions. Affirmed.

Argued before TYLER, MUNSON, START, WATSON, STAFFORD, and HASELTON, JJ.

Jed P. Ladd and Alfred A. Hall, for plaintiff.

Felix W. McGettrick, for defendant.

STAFFORD, J. The parties are brothers. Henry, the elder, had title to the farm he lived on subject to a mortgage. Albert went

to work on the farm for Henry, upon the mutual understanding that he should have lodging, food, and clothes as good as Henry's, and if they got along well, and Albert took hold and helped pay off the mortgage, he should some time have a deed of some interest in the farm. After Albert had worked under this arrangement for about four years, receiving board, lodging, and clothes, a portion of the mortgage having in the meantime been paid, he pressed Henry for a deed, and, failing to get that, secured this more definite agreement, namely, that he should continue working as before, and at some future time should have a one-half interest with his brother in the farm and personal property, under a deed to be so drawn that if either died leaving no widow nor children the survivor should have the whole. The agreement was never reduced to writing. Albert continued to work some two years longer, frequently requesting his brother to fulfill his agreement, and finally insisted that he should either do that, or pay him for his work, and he would leave. But Henry continued to evade and put him off, and finally told him that he would not deed until the farm was all paid for, and that he would not pay him any wages. Thereupon this action for work done.

The plaintiff puts his case upon the ground that the oral agreement has been performed upon his part, but cannot be enforced by reason of the statute, which requires such contracts to be in writing, so that the defendant, refusing to pay in the manner agreed, is liable to pay in money what the referee has found his labor was worth.

Then, the first question is, whether the conditions had been performed. Had the time come when the defendant was bound to deed? Under the first arrangement, it might, perhaps, have been said that clearing off the mortgage was a condition; but in the second agreement there is no allusion to the mortgage, and the...

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7 practice notes
  • Houran v. Preferred Acc. Ins. Co. of New York, No. 109.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • November 4, 1937
    ...promptness is ordinarily a question of fact for the trier to decide upon the evidence bearing upon the point. Reynolds v. Reynolds, 74 Vt. 463, 465, 52 A. 1036; Ward v. Maryland Casualty Co., 71 N.H. 262, 51 A. 900, 903, 93 Am.St.Rep. 514. We need not, however, examine the testimony here, b......
  • Hooker, Corser & Mitchell Co. v. Hooker
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 26, 1915
    ...Fire Ins. Co. v. Haynes, 71 Vt. 306, 45 Atl. 221, 76 Am. St. Rep. 771; Brainard v. Van Dyke, 71 Vt. 359, 45 Atl. 758; Reynolds v. Reynolds, 74 Vt. 463, 52 Atl. 1036; Ellis' Adm'r v. Durkee, 79 Vt. 341, 65 Atl. Defendants also excepted to the report on the ground that the master, in computin......
  • Ellis' Adm'r v. Durkee
    • United States
    • Vermont United States State Supreme Court of Vermont
    • November 26, 1906
    ...(Insurance Co. v. Haynes, 71 Vt. 306, 45 Atl. 221, 76 Am. St Rep. 771; Brainard v. Van Dyke, 71 Vt. 359, 45 Atl. 758; Reynolds v. Reynolds, 74 Vt. 463, 52 Atl. 1036), and there is nothing shown by this record to take the case out of the general rule; so the finding on that point is The defe......
  • Farmers' Feed & Grain Co. v. Longway
    • United States
    • Vermont United States State Supreme Court of Vermont
    • May 5, 1931
    ...etc. What is a reasonable time in a given case depends upon the circumstances, and is usually a question of fact, Reynolds v. Reynolds, 74 Vt. 463, 465, 52 A. 1036, though the circumstances may be such, as they were in that ease, that the question can be disposed of by the Whatever of ambig......
  • Request a trial to view additional results
7 cases
  • Houran v. Preferred Acc. Ins. Co. of New York, No. 109.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • November 4, 1937
    ...promptness is ordinarily a question of fact for the trier to decide upon the evidence bearing upon the point. Reynolds v. Reynolds, 74 Vt. 463, 465, 52 A. 1036; Ward v. Maryland Casualty Co., 71 N.H. 262, 51 A. 900, 903, 93 Am.St.Rep. 514. We need not, however, examine the testimony here, b......
  • Hooker, Corser & Mitchell Co. v. Hooker
    • United States
    • Vermont United States State Supreme Court of Vermont
    • October 26, 1915
    ...Fire Ins. Co. v. Haynes, 71 Vt. 306, 45 Atl. 221, 76 Am. St. Rep. 771; Brainard v. Van Dyke, 71 Vt. 359, 45 Atl. 758; Reynolds v. Reynolds, 74 Vt. 463, 52 Atl. 1036; Ellis' Adm'r v. Durkee, 79 Vt. 341, 65 Atl. Defendants also excepted to the report on the ground that the master, in computin......
  • Ellis' Adm'r v. Durkee
    • United States
    • Vermont United States State Supreme Court of Vermont
    • November 26, 1906
    ...(Insurance Co. v. Haynes, 71 Vt. 306, 45 Atl. 221, 76 Am. St Rep. 771; Brainard v. Van Dyke, 71 Vt. 359, 45 Atl. 758; Reynolds v. Reynolds, 74 Vt. 463, 52 Atl. 1036), and there is nothing shown by this record to take the case out of the general rule; so the finding on that point is The defe......
  • Farmers' Feed & Grain Co. v. Longway
    • United States
    • Vermont United States State Supreme Court of Vermont
    • May 5, 1931
    ...etc. What is a reasonable time in a given case depends upon the circumstances, and is usually a question of fact, Reynolds v. Reynolds, 74 Vt. 463, 465, 52 A. 1036, though the circumstances may be such, as they were in that ease, that the question can be disposed of by the Whatever of ambig......
  • Request a trial to view additional results

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