PRESCOTT v. SMITS

No. 84-184.

505 A.2d 1211 (1985)

Richard G. PRESCOTT and Nancy S. Prescott v. Dirk K. SMITS and Kay Smits.

Supreme Court of Vermont.

Reargument Denied January 22, 1986.


Attorney(s) appearing for the Case

Peter F. Langrock and James W. Swift, of Langrock Sperry Parker & Wool, Middlebury, for plaintiffs-appellees.

Dinse, Erdmann & Clapp, Burlington, for defendants-appellants.

Before HILL, PECK, GIBSON and HAYES, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.


HILL, Justice.

This case asks us to determine the nature and duration of a tenancy created by entry under a lease agreement which is unenforceable under the Statute of Frauds. The superior court found that a year-to-year tenancy was created and adjudged the defendants liable for one year's rent less payments made. We affirm.

In early 1982, defendants-appellants, Dirk Smits and Kay Smits, approached plaintiffs-appellees, Richard Prescott and Nancy Prescott...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases