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HARSCH PROPERTIES, INC. v. NICHOLAS

No. 05-494.

932 A.2d 1045 (2007)

2007 VT 70

HARSCH PROPERTIES, INC. d/b/a Harsch Associates v. Robert NICHOLAS and Deborah Nicholas.

Supreme Court of Vermont.

July 27, 2007.

Attorney(s) appearing for the Case

Donald W. Goodrich of Donovan & O'Connor, LLP, Bennington, for Plaintiff-Appellee/Cross-Appellant.

David J. Williams of Sleigh & Williams, St. Johnsbury, for Defendants-Appellants.

Present: REIBER, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and REISS, D.J., Specially Assigned.

¶ 1. REIBER, C.J.

Homeowners, Robert and Deborah Nicholas, appeal the superior court's order awarding their real estate broker, Harsch Properties, Inc., attorney's fees and costs following a jury verdict that found owners breached the implied covenant of good faith and fair dealing and awarded broker $4000. On appeal, owners argue that broker was not the prevailing party within the meaning of the contract and thus not entitled to fees. Broker also appeals and...

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