Jensen v. Jay's Sales & Service
Supreme Court of Vermont
Jensen v. Jay's Sales & Service, 135 Vt. 549 (Vt. 1977)
382 A.2d 538; 1977 Vt. LEXIS 674
Barney, Billings, Daley, Hill, Larrow
Jensen v. Jay's Sales & Service
Opinion of the Court
This is a small claims case relating to a snowblower. Faced with conflicting evidence, the trier of facts expressed an inability to resolve factual issues based on the evidence, although it was his duty to do so. Neverett v. Towne, 121 Vt. 447, 458, 159 A.2d 345 (1960).
Further, the bankruptcy of the defendant has been suggested in this Court. The matter must be returned below for rehearing on the factual issues and a determination of the effect of bankruptcy proceedings on the claim.
Reversed and remanded.
Reference
- Full Case Name
- Edna T. Jensen v. Jay's Sales & Service
- Status
- Published