MARTIN v. EATON

No. 9-81.

436 A.2d 751 (1981)

Elwood MARTIN v. Muriel H. EATON, Administratrix of the Estate of John C. Eaton.

Supreme Court of Vermont.

Reargument Denied October 14, 1981.


Attorney(s) appearing for the Case

John J. Welch, Jr., Rutland, for plaintiff.

Peter S. Sidel, Waitsfield, for defendant.

Before BARNEY, C. J., and LARROW, BILLINGS, HILL and UNDERWOOD, JJ.


UNDERWOOD, Justice.

The plaintiff sought specific performance, or in the alternative damages, on a contract for the sale of real estate. The defendant's answer raised the affirmative defense that proof of the contract was barred by the Statute of Frauds. The defendant subsequently moved for and was granted summary judgment. It is from the granting of that motion that the plaintiff appeals.

The sole question is whether the pleadings, depositions, answers to...

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