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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Schmitt v. Force (2011)

Citation
Schmitt v. Force (2011)
Parent Document
Schmitt v. Force (2011)
Jurisdiction
Vermont (state)
Effective Date
2011-03-10

Full Text

1,326 chars
Plaintiff Erik Schmitt appeals a decision rendered by the small claims court, Acting Judge
Walter G. French, on June 7, 2010, finding in favor of Defendant Lisa Force and dismissing
Plaintiff’s complaint in its entirety. The complaint arose out of a failed romantic relationship
between Schmitt and Force, encompassing along its way various elements of landlord/tenant,
contract, and tort law. After the romantic relationship ended in acrimony, and Force moved out
of Schmitt’s home, Schmitt sought back-rent from Force, the cost of replacing the carpet in
Schmitt’s home due to damage allegedly caused by Force’s pet dog, and payments related to a
joint purchase the two made of a mattress that is now in Schmitt’s sole possession. Judge French
held in favor of Defendant Force, finding that the rental agreement between the parties was
illusory, the damage, if any, caused to the carpet by Force’s pet was caused while Schmitt was
jointly responsible for the dog and thus could not be attributed to Force, and the purchase
agreement for the mattress was unconscionable and would no longer be enforced. Schmitt now
appeals these determinations on various grounds. As discussed below, the Court rejects all of
Appellant’s claims of error and AFFIRMS the decision of the Small Claims Court. Discussion The Small Claims Decision