Brower v. Hill

2 Citing cases

  1. Campbell Inns v. Banholzer, Turnure Co.

    148 Vt. 1 (Vt. 1987)   Cited 7 times

    The essence of defendant's procedural claim is that defendant was not given sufficient time to prepare and present its defense. It first argues that an action for specific performance is "outside the bounds" of an action for an injunction brought under V.R.C.P. 65, and more properly subject to V.R.C.P. 12(a), which provides a defendant with at least twenty days to file an answer to a complaint. In Brower v. Hill, 133 Vt. 599, 604, 349 A.2d 901, 905 (1975), this Court noted that an order for specific performance is "in effect" a mandatory injunction. Specific performance by injunction is appropriate "`if this is the only practical mode of enforcement which its terms permit.'"

  2. Jasmin v. Alberico

    376 A.2d 32 (Vt. 1977)   Cited 6 times
    In Jasmin, we held that improvements such as "repairing a back porch, having gas piped to the house, making electrical and plumbing repairs and doing some landscaping" were indistinguishable from those of a tenant responsible for maintenance of leased premises and did not amount to a substantial and irretrievable change of position. 135 Vt. at 290, 376 A.2d at 34.

    However, there are grounds for denying specific performance, even in the presence of a written contract, in that the granting of this particular kind of relief may produce an unsupportably inequitable result. Brower v. Hill, 133 Vt. 599, 602, 349 A.2d 901 (1975). Where, as here, there is no such writing, the proponent of specific performance has a double burden.