KELLOGG v. SHUSHEREBA

No. 11-355.

82 A.3d 1121 (2013)

2013 VT 76

Thomas KELLOGG v. Cindy SHUSHEREBA.

Supreme Court of Vermont.

September 6, 2013.


Attorney(s) appearing for the Case

Frank F. Berk , South Royalton, for Plaintiff-Appellee/Cross-Appellant.

Thomas Hayes and Susan J. Manley of Hayes & Windish, Woodstock, for Defendant-Appellant.

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


DOOLEY, J.

¶ 1. This case presents the difficult task of equitably resolving the fallout from a collapsed, unwritten real estate transaction. Both parties challenge the monetary award arrived at by the trial court, sitting in equity. We conclude that, although correct in some respects, the trial court's decision mistakenly treated the parties' agreement as though it were an agreement for rent. The decision is therefore affirmed in part, reversed in part, and...

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