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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Karantza v. Salamone, 435 A.2d 1384 (1981)

Citation
Karantza v. Salamone, 435 A.2d 1384 (1981)
Parent Document
Karantza v. Salamone, 435 A.2d 1384 (1981)
Jurisdiction
Maine (state)
Effective Date
1981-10-23

Full Text

714 chars
The Superior Court justice erred, however, in granting summary judgment for defendant on the issue of willfulness. Defendant’s only attempt to rebut the statutory presumption was a cryptic affidavit suggesting that he retained the $75.00 because the tenant had shared her apartment with another in violation of her lease agreement. He also claimed that tenant had orally agreed to the withholding. These averments cannot, without more, overcome the presumption of willfulness. They suggest, however, that if given an opportunity for factual development, defendant might establish that he retained the $75.00 in a good faith belief of legal entitlement. Such a showing would not, of course, justify the retention, 1