Supreme Court of Vermont January 15, 1843 (Smith v. Pettingill)

The opinion of the court was delivered by

Redfield, J.

It is not necessary to go into the question of the construction of the contract, as, in any view which can be taken of the case, the plaintiff must have an ample remedy at law, either in trespass for entering upon his land and cutting hay in a manner, and for a purpose, not within the fair construction of the contract; or else, for a