FRIGON v. WHIPPLE

No. 262-75.

360 A.2d 69 (1976)

Alan S. FRIGON v. Hazel WHIPPLE.

Supreme Court of Vermont.

June 1, 1976.


Attorney(s) appearing for the Case

Burgess & Normand, Ltd., Montpelier, for plaintiff.

Lee E. Emerson, Barton, for defendant.

Before BARNEY, C. J., and SMITH, DALEY, LARROW and BILLINGS, JJ.


LARROW, Justice.

Plaintiff sought a declaratory judgment that $1500 admittedly paid over to him and his former wife by the defendant, her grandmother, in May, 1969, was a gift rather than a loan. The defendant answered, claiming the payment was in fact a loan, and filed a counterclaim for its collection. Plaintiff filed no further pleading.

On trial, plaintiff objected to evidence of the loan, citing the Statute of Frauds applicable to agreements not to be...

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