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PERKINS v. FACTORY POINT NAT. BANK

No. 282-78.

409 A.2d 578 (1979)

Coleman E. PERKINS and Ruby C. Perkins v. FACTORY POINT NATIONAL BANK.

Supreme Court of Vermont.

November 5, 1979.

Attorney(s) appearing for the Case

Smith & Harlow, Rutland, for plaintiff.

J. Eric Anderson of Fitts & Olson, Brattleboro, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

DALEY, Justice.

This is a civil action seeking damages for failure to discharge a mortgage under 27 V.S.A. § 464, which states:

After performance of the condition, either before or after the breach thereof, if a mortgagee, assignee or the executor or administrator of either, fails to execute a discharge mentioned in sections 461-463 of this title within ten days after being requested to do so and after a tender of his reasonable charges, or to make,...

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