RECORD v. KEMPE

No. 2005-224.

928 A.2d 1199 (2007)

2007 VT 39

Bernard G. RECORD and Anna A. Record a/k/a Ann F. Record v. G. Steven KEMPE and Lucy Mary Kempe.

Supreme Court of Vermont.

May 4, 2007.


Attorney(s) appearing for the Case

Karen R. Carroll, J.

L. Raymond Massucco of Massucco Law Offices, P.C., Bellows Falls, for Plaintiffs-Appellees.

Herbert G. Ogden of Ogden Law Offices, P.C., Rutland, for Defendants-Appellants.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


SKOGLUND, J.

¶ 1. Defendants Mr. & Mrs. Kempe appeal a jury verdict in favor of plaintiffs Mr. & Mrs. Record on plaintiffs' claim that defendants breached a contract for the sale of plaintiffs' home. Plaintiffs asserted they were entitled to retain defendants' deposit as authorized in the purchase and sale contract because defendants breached the contract. Defendants countered that they were entitled to return of the deposit because it was plaintiffs...

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