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Jasmin v. Alberico

Vermont Supreme Court
376 A.2d 32 (1977)


Facts

John Alberico (defendant) wanted to purchase a home but could not afford to do so. His lifelong friend, Arthur Jasmin, purchased the home instead. Jasmin orally promised to convey the home to Alberico once Alberico paid back the $2,000 down payment that Jasmin had paid on the home. Alberico moved into the home, made the mortgage payments on the home, and made standard improvements to the property. Alberico repaired the back porch, equipped the home with gas pipes, repaired the plumbing, and landscaped. Jasmin died, and Alberico tried to pay back the down payment to Jasmin’s wife, Phyllis (plaintiff), but never actually did so. Phyllis brought an action to eject Alberico from the property. The lower court found in favor of Alberico, and Phyllis appealed.

Rule of Law

Issue

Holding and Reasoning (Barney, J.)

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