WILLIAMS v. CARTER

No. 138-70.

285 A.2d 735 (1971)

Wayne WILLIAMS v. Garth CARTER.

Supreme Court of Vermont, Lamoille.

Motion for Reargument Denied December 13, 1971.


Attorney(s) appearing for the Case

Wilson, Curtis, Bryan & Quinn, Burlington, for plaintiff.

Ryan, Smith & Carbine, Rutland, for defendant.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.


BARNEY, Justice.

The three judge trial court divided on the outcome of this case. The issue involved a contractual claim relating to the use of heavy construction equipment. Part of the claim for work and services performed was admitted by the defendant to be due, but the remainder was denied. The assistant judges found that the defendant defeated the contested aspect of the total liability, which the presiding judge felt he did not. The result was a judgment in favor...

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