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DiBIASE v. UNIVERSAL DESIGN & BUILDERS, INC.

473 A.2d 875 (1984)

William DiBIASE v. UNIVERSAL DESIGN & BUILDERS, INC.

Supreme Judicial Court of Maine.

Decided April 4, 1984.

Attorney(s) appearing for the Case

Bernstein, Shur, Sawyer & Nelson, Alan Atkins, William W. Willard, (orally), Andrew J. Bernstein, Portland, for plaintiff.

Ayer, Hodsdon & Austin, Gordon C. Ayer (orally), Kennebunk, for defendant.

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

NICHOLS, Justice.

The Defendant, Universal Design & Builders, Inc., appeals from an order of the Superior Court, Cumberland County, awarding the Plaintiff, William DiBiase, the return of his deposit money and denying the Defendant's counterclaim seeking damages for breach of contract. That court found that the contract was not enforceable due to mutual mistake. The Plaintiff cross-appeals and seeks review of the court's finding that time was not of the essence...

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