ROBERTS v. FRANK L. McKINNEY, INC.


485 A.2d 647 (1984)

Foster ROBERTS et al. v. FRANK L. McKINNEY, INC. et al.

Supreme Judicial Court of Maine.

Decided December 26, 1984.


Attorney(s) appearing for the Case

Smith & Elliott, P.A., Thomas S. Coward (orally), Saco, for plaintiffs.

Sanderson & Dudley, Paul G. Sanderson, Anthony S. Hartnett (orally), Portsmouth, N.H., for defendants.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, WATHEN and SCOLNIK, JJ.


McKUSICK, Chief Justice.

Plaintiffs Foster and Robert Roberts appeal an order of the Superior Court (York County) granting the motion of defendant Frank L. McKinney, Inc. ("McKinney")1 under M.R.Civ.P. 70. That order, issued in April 1984, after finding that an intervening sheriff's sale was void, directed enforcement of a 1977 order that rescinded for mutual mistake a 1973 contract between the parties for the purchase and sale of a two...

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