CHRISTIANSEN v. CAPEN

No. 153-80.

433 A.2d 289 (1981)

A. Neil CHRISTIANSEN and Mary S. Christiansen v. David E. CAPEN and Barbara M. Capen.

Supreme Court of Vermont.

Reargument Denied June 18, 1981.


Attorney(s) appearing for the Case

McNeil, Murray & Sorrell, Burlington, for plaintiffs.

Kolvoord, Overton & Wilson, Essex Junction, for defendants.

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


LARROW, Justice.

Plaintiffs below began an action seeking return of a deposit made by them under an agreement to buy real estate from the defendants, alleging inability to finance the transaction, a condition of the agreement. Service of the complaint was accepted by defendants' attorney. He filed no answer or appearance, however, and a default judgment, on motion, resulted on March 14, 1980. On March 25, he filed a motion for leave to answer out of time, and a proposed...

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