CUNNINGHAM v. MILLER

No. 86-364.

552 A.2d 1203 (1988)

A. Samuel CUNNINGHAM and Madeline B. Cunningham v. Walter I. MILLER, Individually and as Executor of the Estate of Harriet B. Miller.

Supreme Court of Vermont.

August 19, 1988.


Attorney(s) appearing for the Case

Charles R. Eichel, Manchester Center, and Joy C. Frank (of counsel), Dorset, for plaintiffs-appellants.

Stebbins, Bradley, Wood and Harvey, Norwich, for defendant-appellee.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MAHADY, JJ.


DOOLEY, Justice.

Plaintiffs purchased a house and surrounding land in Thetford Center, Vermont from defendant, Walter Miller. Based on sales representations, the plaintiffs believed the land to contain 20 acres. A subsequent survey showed the actual size to be 15.5 acres. On learning of the acreage discrepancy, the plaintiffs brought this action seeking actual and punitive damages based on a number of theories.

The trial court, sitting without a jury, found...

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