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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)

Citation
University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Parent Document
University of Vermont & State Agricultural College v. Ward, 158 A. 778 (1932)
Jurisdiction
Vermont (state)
Effective Date
1932-02-04

Other Sections in This Document (211)

Full Text

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The defendant offered to show that in 1924 the plaintiff was paid and it accepted the rent which was due under the lease, and also the specified yearly rent in advance to January 1, 1926, on the ground that the only right which the plaintiff had in the premises was to collect the rent, and, if there was a breach of the conditions of the lease, the measure of damages was the diminution in the rental value of the property. The evidence was excluded and the defendant was allowed an exception. It was not error to exclude the evidence. Even if the rule of damages would have been as claimed by the defendant in an action between the plaintiff and a tenant, which we do not decide, the exception is not available to the defendant, a stranger to the title. As to him, the rule of damages is the value of the timber which he cut and removed.