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GARDNER v. WEST-COL, INC.

No. 75-77.

392 A.2d 383 (1978)

Walter GARDNER and Jane Gardner v. WEST-COL, INC. and John L. Whalen, Trustee.

Supreme Court of Vermont.

September 11, 1978.

Attorney(s) appearing for the Case

Allan R. Keyes and John J. Zawistoski of Ryan, Smith & Carbine, Ltd., Rutland, for plaintiffs.

Valsangiacomo, Heilmann & Detora, Barre, for West-Col, Inc.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

BILLINGS, Justice.

This is an appeal by the defendant West-Col, Inc. (hereinafter West-Col) and by the trustee from a judgment awarding plaintiffs recovery of a $10,000 deposit, including any interest accumulated thereon, made pursuant to an agreement for the sale of real property, plus $3,484.78 incurred by plaintiffs in pre-purchase expenses, and dismissing West-Col's counterclaim. Plaintiffs alleged that West-Col breached the contract; West-Col counterclaimed for...

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