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HOWARD BANK v. GONZALEZ

No. 291-80.

435 A.2d 697 (1981)

The HOWARD BANK v. Agustin B. GONZALEZ and Jean B. Gonzalez.

Supreme Court of Vermont.

September 1, 1981.

Attorney(s) appearing for the Case

Priscilla K. Reidinger of Downs, Rachlin & Martin, South Burlington, for plaintiff.

Peter Gillespie, West Bolton-Jericho, for defendants.

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

BARNEY, Chief Justice.

This case involves a summary judgment order in a mortgage foreclosure. In June, 1979, the Bank filed its complaint for foreclosure. The defendants filed an answer and several amended answers. The last one, in the form of an affirmative defense, alleged essentially that the Bank and the owners had entered into a settlement agreement after the suit had been instituted, and that the Bank had subsequently failed to abide by the agreement. In their...

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