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Chomicky v. Buttolph | 513 A.2d 1174 (1986)
Get it in writing. Almost everyone has heard the adage, but not everyone heeds this good advice. A couple trying to realize their dream of owning lakefront property learned that lesson the hard way in the case of Chomicky versus Buttolph.
Edward Buttolph and his wife Barbara put part of their Vermont lakeside property up for sale. But they wanted to retain ownership of a portion that would provide them with lake access. Eugene Chomicky and his wife Georgianna were interested in buying the land. To prepare for the purchase, Chomicky did a title search and arranged financing. The parties eventually reached an agreement and signed a written contract that made the sale contingent on Buttolph obtaining a subdivision permit. Chomicky made a down payment while the permit application was pending.
Chomicky also called Buttolph and proposed an alternative arrangement in case the permit wasn’t granted. Chomicky wanted Buttolph to sell the entire property while retaining an easement granting Buttolph lake access. Buttolph orally agreed to this arrangement if the permit wasn’t approved. However, when the permit was denied, Buttolph backed out of the deal and refused to sell the land.
Chomicky sued Buttolph and sought specific performance of the oral contract. The trial court found in favor of Chomicky, and Buttolph appealed to the Vermont Supreme Court.
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