ROBITAILLE v. RUBIN

No. 91-440.

615 A.2d 1025 (1992)

Charles ROBITAILLE and Freola Robitaille v. Herbert RUBIN and Lucille Rubin.

Supreme Court of Vermont.

Motion for Reargument Denied September 3, 1992.


Attorney(s) appearing for the Case

Geoffrey W. Crawford of O'Neill and Crawford, Burlington, for plaintiffs-appellants.

William D. Robinson, Colchester, for defendants-appellees.

Jeffrey L. Amestoy, Atty. Gen., and Mark J. Di Stefano, Asst. Atty. Gen., Montpelier, for amicus curiae State.

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


ALLEN, Chief Justice.

Plaintiff-sellers appeal from a judgment granting defendant-purchasers' motion for a directed verdict in an action for breach of a purchase and sale contract. The trial court concluded that plaintiffs' failure to show defendants a copy of an Act 250 land use permit, pursuant to a condition of the permit, constituted grounds for a per se right of rescission. We reverse and remand.

In July 1989, the parties entered into a purchase and sale...

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