PAINE v. PAINE


458 A.2d 420 (1983)

Claudia D. PAINE Special Administratrix of the Estate of Errol K. Paine, Intestate, and Claudia D. Paine, Guardian of the minor children of the late Errol K. Paine. and Joel D. Paine v. Laurence PAINE and James G. Lynch.

Supreme Judicial Court of Maine.

Decided April 8, 1983.


Attorney(s) appearing for the Case

Law Offices of Ralph A. Dyer, P.A., Martin J. Foley (orally), Portland, for plaintiffs.

Berman, Simmons, Laskoff & Goldberg, P.A., Jeffrey Rosenblatt (orally), John E. Sedgewick, Lewiston, for defendants.

Before GODFREY, NICHOLS, ROBERTS, VIOLETTE and WATHEN, JJ.


WATHEN, Justice.

Defendant Laurence Paine appeals from an order of the Superior Court (Penobscot County) granting summary judgment in favor of the plaintiffs. We find that the presiding justice erred in holding that the parol evidence rule barred the admission of evidence proffered by the defendant to establish non-delivery of a deed. We therefore sustain the appeal.

Following the death of the intestate Errol K. Paine in 1979, his law partner, the defendant...

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