CLARKE v. DIPIETRO


525 A.2d 623 (1987)

Merle W. CLARKE v. Mario DIPIETRO et al.

Supreme Judicial Court of Maine.

Decided May 15, 1987.


Attorney(s) appearing for the Case

Allen J. Hrycay (orally), Reef, Jordan & Hrycay, Portland, for plaintiff.

Roderick R. Rovzar, James D. Poliquin (orally), Norman, Hanson & Detroy, Portland, for defendants.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ.


CLIFFORD, Justice.

In this action for specific performance of a contract to convey real estate, the plaintiff, Merle Clarke, appeals a judgment entered by the Superior Court, Cumberland County, in favor of the defendants Mr. and Mrs. Mario DiPietro. Clarke contends that the Superior Court erred by permitting the DiPietros to amend their answer after trial to add the affirmative defense of fraud. We disagree with Clarke and accordingly affirm the judgment.

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