PARADISE RESTAURANT v. SOMERSET ENTERPRISES

No. 95-085.

671 A.2d 1258 (1995)

PARADISE RESTAURANT, INC. v. SOMERSET ENTERPRISES, INC.

Supreme Court of Vermont.

December 8, 1995.


Attorney(s) appearing for the Case

Peter H. Banse of Banse & Banse, P.C., Manchester, for plaintiff-appellee.

Robert E. Woolmington of Witten, Saltonstall, Woolmington, Bongartz & Campbell, P.C., Bennington, for defendant-appellant.

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


JOHNSON, Justice.

Defendant purchased a restaurant in Bennington from plaintiff for cash and a promissory note, and appeals from an order of the Bennington Superior Court granting plaintiff's foreclosure petition on the purchase-money mortgage securing the note. Pursuant to a stipulation of the parties, the court granted defendant's motion for permission to appeal. We reverse.

The purchase and sale transaction closed on September 20, 1988. The total purchase...

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