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SABOURIN v. WOISH

No. 520.

78 A.2d 333 (1950)

SABOURIN v. WOISH et al.

Supreme Court of Vermont. Franklin.

Rehearing Denied February 7, 1951.

Attorney(s) appearing for the Case

Sylvester & Ready, St. Albans, for plaintiff.

John H. Webster, St. Albans, for defendant.

Before SHERBURNE, C. J., and CLEARY, ADAMS and BLACKMER, JJ.

BLACKMER, Justice.

This is an action of contract to recover the rent for leased premises located at 55 Fairfield St., St. Albans City, for the months of December 1948 through September 1949. One of the defenses is that by electing to bring an action of justice ejectment under V.S. 47, §§ 2008 and 1442, and by prosecuting the same to judgment, the plaintiff is barred from maintaining this action. Trial was by court; the plaintiff had a judgment against the...

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