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OKEMO MOUNTAIN v. OKEMO TRAILSIDE CONDO.

No. 456-79.

431 A.2d 457 (1981)

OKEMO MOUNTAIN, INC. v. OKEMO TRAILSIDE CONDOMINIUMS, INC.

Supreme Court of Vermont.

Motion for Reargument Denied April 28, 1981.

Attorney(s) appearing for the Case

Fink & Birmingham, P.C., Ludlow, for plaintiff.

David F. Buckley, Bellows Falls, for defendant.

Before LARROW, BILLINGS, HILL and UNDERWOOD, JJ., and DALEY, J. (Ret.), Specially Assigned.

LARROW, Justice.

In 1975 Okemo Trailside Condominiums, Inc. executed and delivered to Okemo Mountain, Inc. a promissory note for $15,000.00. The note provided for semi-annual payments over two and one-half years. The note also provided in the event of default that the balance of the note would become due along with interest, costs and attorneys fees.

Trouble developed when the second payment became due. The defendant, Trailside, claimed an offset for certain...

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