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PROVOST v. MILLER

No. 82-020.

473 A.2d 1162 (1984)

Robert J. PROVOST and Jane F. Provost v. Carl C. MILLER, Helen E. Miller, Leroy L. Keith d/b/a Keith Agency, Glenn Martin d/b/a Jericho Realty, and Philip Hamerslough.

Supreme Court of Vermont.

January 13, 1984.

Attorney(s) appearing for the Case

J. William O'Brien and Blais & Cain, Burlington, on brief for plaintiffs-appellees.

Perry & Schmucker, South Burlington, for defendant-appellant Keith.

Kaplan, Geiszler & Sharp, Burlington, for defendant-appellant Martin.

Thomas A. Little of Samuelson, Portnow, Miller & Eggleston, Ltd., Burlington, for defendant-appellant Hamerslough.

Thomas F. Heilmann, P.C., Burlington, for amicus curiae Vermont Ass'n of Realtors, Inc.

William D. North and Ralph W. Holmen, Chicago, Ill., of counsel, for amicus curiae Nat. Ass'n of Realtors.

Before BILLINGS, C.J., and HILL, UNDERWOOD and PECK, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.

HILL, Justice.

The plaintiffs in this case, purchasers of a house, brought suit against the seller and real estate brokers involved to recover damages for losses sustained when a wall in the basement of the house collapsed soon after the purchase. The seller was found guilty of fraud and the real estate brokers or agents guilty of negligent misrepresentation. The real estate brokers or agents appeal, claiming that the trial judge incorrectly instructed the jury on...

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