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TIBBETTS v. PELOTTE

427 A.2d 956 (1981)

Ronald TIBBETTS et al. v. Wilfred PELOTTE.

Supreme Judicial Court of Maine.

Decided April 6, 1981.

Attorney(s) appearing for the Case

Cratty & Cratty, Bernard R. Cratty (orally), Waterville, for plaintiffs.

Levine, Bishop & Levine, Ronald L. Bishop (orally), Waterville, for defendant.

Before McKUSICK, C. J., and WERNICK, GODFREY, GLASSMAN and CARTER, JJ.

McKUSICK, Chief Justice.

By this action, which they commenced in District Court (Waterville), plaintiffs Ronald and Joan Tibbetts seek damages for an alleged breach of warranty in a conveyance to them by defendant Wilfred Pelotte. Concluding that plaintiffs had no claim for breach of warranty until the deed on which they were suing was reformed to correct an alleged error occasioned by mutual mistake, the District Court judge, following a full hearing on the merits...

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