THURBER v. RUSS SMITH, INC.

No. 71-68.

260 A.2d 390 (1969)

F. Marshall THURBER v. RUSS SMITH, INC.

Supreme Court of Vermont. Rutland.

December 2, 1969.


Attorney(s) appearing for the Case

F. Marshall Thurber, pro se.

Webber & Costell, Rutland, for defendant.

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


KEYSER, Justice.

Plaintiff's action was brought in Vermont District Court, Unit #1, Rutland Circuit, and is founded on the legal concept of negligent misrepresentation. The defendant filed a motion to dismiss based on the failure of the complaint to state a claim upon which relief can be granted. After hearing, the court granted the motion and plaintiff appealed.

The defendant argues that the appellant has failed to comply with Supreme Court Rule 5. This provides...

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