NEW ENGLAND EDUCATIONAL TRAINING SERVICE, INC. V. SILVER STREET PARTNERSHIP
148 Vt. 99, 528 A.2d 1117 (1987)
NATURE OF THE CASE: This was an appeal from a summary judgment enforcing a settlement
agreement.
FACTS: Silver Street (D) is the record owner of a parcel of real estate with a mortgage
in New England Educational Service, Inc.'s (P) favor. D had acquired the property without
notice of P's mortgage. D's interest had been improperly indexed. D was notified of the
encumbrance and entered into negotiations to settle the dispute. Those negotiations failed
because the predecessors in title refused to cooperate, and P filed a foreclosure action. D
retained an attorney to help settle the problem and authorized the attorney to offer
$10,000. That offer was refused. The trial court granted P's summary judgment against D in
foreclosure in that the attorney had made a $60,000 settlement of P's complaint that was
accepted. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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