SIMPSON DEVELOPMENT CORP. v. HERRMANN

No. 89-310.

583 A.2d 90 (1990)

SIMPSON DEVELOPMENT CORP. v. Cheryl L. HERRMANN.

Supreme Court of Vermont.

October 19, 1990.


Attorney(s) appearing for the Case

William H. Meub and Geoffrey Commons of Kelley, Meub, Powers & English, Ltd., Middlebury, for plaintiff-appellee.

Teachout, Brooks, Moore & McNally, Norwich, for defendant-appellant.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.


MORSE, Justice.

Cheryl Herrmann, purchaser of a parcel of real estate owned by Simpson Development Corp., appeals a trial court's jury instruction, construing a limitation-of-remedies clause in a way that allowed the jury to award Herrmann the return of her deposit as her sole remedy for Simpson's breach. We affirm.

The material facts are not in dispute. On March 26, 1987, the parties entered into a "design-build" contract involving land located in Hartford...

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