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A. Brown, Inc. v. Vermont Justin Corp.

148 Vt. 192 (1987)

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A. Brown, Inc. v. Vermont Justin Corp.

Vermont Supreme Court

148 Vt. 192 (1987)

Facts

The Vermont Justin Corp. (defendant) leased property to A. Brown, Inc. (plaintiff), which used the property as a store to sell appliances like washers, dryers, refrigerators, and ranges, and electronics like televisions, radios, and stereos. Under the lease agreement, the Vermont Justin Corp., as landlord, was responsible for all exterior and structural repairs, and A. Brown was responsible for all interior repairs. A. Brown notified the Vermont Justin Corp. on multiple occasions in 1978 that the roof was leaking. Some repairs were done, but the roof continued to leak. A. Brown made additional requests for the roof to be repaired, and in 1979 a small repair was made. Again, this repair did not fix the leaking roof. In the fall of 1980, the interior ceiling panels and insulation fell down, damaging the appliances and electronics in the store. The water from the leaking roof also damaged the furnace in the store. As a result, A. Brown replaced the furnace, discounted the damaged goods, and closed the store for two to three weeks for repairs. The roof leak caused additional damage in 1983 when the furnace had to be replaced again. The roof was fully repaired later in 1983. A. Brown sued The Vermont Justin Corp., alleging breach of contract. After trial, the trial court ruled in favor of A. Brown and awarded damages. The Vermont Justin Corp. appealed.

Rule of Law

Issue

Holding and Reasoning (Barney, C.J.)

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