Supreme Court of Vermont September 1, 1981, 9-81 (Martin v. Eaton)

Underwood, J.

The plaintiff sought specific performance, or in the alternative damages, on a contract for the sale of real estate. The defendant’s answer raised the affirmative defense that proof of the contract was barred by the Statute of Frauds. The defendant subsequently moved for and was granted summary judgment. It is from the granting of that motion that the plaintiff appeals.