FONDA v. FAY

No. 155-72.

306 A.2d 97 (1973)

John and Carmela FONDA v. Raymond W. and Catherine T. FAY.

Supreme Court of Vermont, Bennington.

June 5, 1973.


Attorney(s) appearing for the Case

Waldo C. Holden and Harold J. Gilbar, Jr., Bennington, for plaintiffs.

Stephen H. Gilman, Bennington, for defendants.

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


PER CURIAM.

This is an appeal from a summary judgment rendered under V.R.C.P. 56. It must be reversed.

The original suit sought recovery for one-half the amount paid to discharge a certain promissory note upon which the plaintiffs and defendants were jointly liable. The defendants interposed as a defense a certain contract which they claimed exonerated them under certain circumstances. The hearing called for in V. R.C.P. 56(c) was held, with oral testimony...

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