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NUTTING v. FREDA

No. 88-505.

572 A.2d 896 (1990)

Janice NUTTING v. Rocco FREDA and Alberta Freda v. Gordon R. SCHOONOVER and Mary Schoonover.

Supreme Court of Vermont.

January 26, 1990.

Attorney(s) appearing for the Case

Bertolini, Benning & Glinka, Lyndonville, for plaintiff-appellee.

Moore & Donnellan, Derby, for defendants-appellants.

Deborah T. Bucknam, St. Johnsbury, for defendants-appellees.

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

The findings of fact are supported by the evidence and are not clearly erroneous. V.R.C.P. 52(a).

The findings support the conclusion that defendant's oral promise to convey the subject premises to plaintiff came within an exception to the Statute of Frauds, 12 V.S.A. § 181(5). As stated in Restatement (Second) of Contracts § 129 (1981):

A contract for the transfer of an interest in land may be specifically enforced notwithstanding failure to comply...

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