Logourl black

New England Educational Training Service, Inc. v. Silver Street Partnership

Supreme Court of Vermont
528 A.2d 1117 (1987)


Facts

Silver Street Partnership (Silver Street) (defendant) was the record owner of a parcel of real property. New England Educational Training Service, inc. (NEET) (plaintiff) held a mortgage on the property, of which Silver Street was unaware when it purchased the property. Silver Street learned of the mortgage shortly after its purchase and attempted negotiating the discharge of the encumbrance. Silver Street hired an attorney, Evans, and gave him general authority to resolve the mortgage issue, including authority for settlement. Evans had authority for and did offer NEET $10,000 to settle, but NEET did not accept. Evans was not given specific authority thereafter to settle with NEET. However, Evans eventually settled the claim with NEET for $60,000. Silver Street refused to honor the settlement and NEET filed a foreclosure action. NEET moved for summary judgment. The trial court granted NEET’s motion, finding the parties’ attorneys had authority to and did settle the matter.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Hill, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.