SMITH v. THIBAULT

No. 570.

168 A.2d 729 (1961)

Edward F. SMITH and Eleanor Smith, v. Frederick D. THIBAULT and Joyce Thibault.

Supreme Court of Vermont.

March 1, 1961.


Attorney(s) appearing for the Case

Ready & Brown, St. Albans, for plaintiffs.

William B. Goldsbury, St. Albans, for defendants.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.


SHANGRAW, Justice.

The defendants bring this case here claiming that the court below committed error in transferring to equity an action at law which the plaintiffs had brought against the defendants in the Franklin County Court.

The action was commenced by a writ dated October 17, 1958, and by amendment, the plaintiffs declared specially on a verbal contract seeking damages for a breach thereof. The substance of the complaint, as amended, is to the effect...

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