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PAGE v. LYLE H. HALL, INC.

No. 1183.

214 A.2d 459 (1965)

Carl A. and Edith M. PAGE v. LYLE H. HALL, INC.

Supreme Court of Vermont. Windham.

November 8, 1965.

Attorney(s) appearing for the Case

John S. Burgess and Ralph Chapman, Brattleboro, for plaintiffs.

John & O'Connor, Brattleboro, for defendants.

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

BARNEY, Justice.

The effect of the following language used in a mortgage deed is the key to this controversy:

Mortgagors shall have the right to cut timber from the premises on and after July 1, 1960 provided that they are not in default under any terms or conditions hereof.

Acting under this provision, the mortgagors sold certain standing timber on the premises to the defendant corporation in May, 1962, by a quitclaim deed which limited the right...

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