Brower v. Hill

1 Citing case

  1. 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.