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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)

Citation
Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)
Parent Document
Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-01-14

Other Sections in This Document (57)

Full Text

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¶ 47.1 have a similar view of the trial court’s action with respect to plaintiff’s interest claim. Plaintiff claimed interest on the judgment at 24%, the rate stipulated in the contract. The trial court ruled that the contract rate was inapplicable because the case “went to trial” and instead used the statutory rate of 12%, suggesting that the contract rate would be usurious. The majority upholds the decision on a different rationale, namely, that the jury found that defendant’s refusal to pay the last installment was done in good faith. The majority also relies on 9 V.S.A. § 4002(d) that provides for interest at the rate set in 12 V.S.A. § 2903(b) “except as otherwise agreed.”