HIGHGATE ASSOCIATES, LTD. v. MERRYFIELD

No. 90-032.

597 A.2d 1280 (1991)

HIGHGATE ASSOCIATES, LTD. v. Lorna MERRYFIELD.

Supreme Court of Vermont.

August 23, 1991.


Attorney(s) appearing for the Case

George K. Belcher and Eric G. Parker, Barre, for plaintiff-appellant.

John J. McCullough, III, Vermont Legal Aid, Inc., Montpelier, for defendant-appellee.

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


DOOLEY, Justice.

Plaintiff, Highgate Associates, Ltd., the owner of a federally subsidized housing project in Barre, appeals the trial court's ruling that the late charge provision contained in its lease agreements is void as an unenforceable penalty. We affirm.

Defendant, Lorna Merryfield, occupied an apartment in the project beginning in January of 1986. The lease contained the following provision:

If the Tenant does not pay the full amount of the...

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