Opinion
Opinion filed May 2, 1933.
ACTION OF CONTRACT. Plea, general denial. Trial by court at the September Term, 1931, Washington County, Sturtevant, J., presiding. Judgment for the plaintiff. The defendant excepted. The plaintiff also excepted to the allowance of defendant's exceptions taken during the trial, and to the refusal of the court to grant a certified execution. The opinion states the case. Reversed, and judgment for the defendant to recover his costs.
Harry B. Amey and Searles Graves for the defendant.
Theriault Hunt for the plaintiff.
Present: POWERS, C.J., SLACK, MOULTON, THOMPSON, and GRAHAM, JJ.
This is a suit to recover what this plaintiff paid to the defendant on account of the Paradis fire involved in Vermont Mutual Fire Ins. Co. v. Van Dyke, ante, 105 Vt. 257, 165 A. 906. The cases were heard together, and since the questions of law and fact in this case are the same as in that one, the result must be the same.
Judgment reversed, and judgment for the defendant to recover his costs.