Pendleton v. Millington

Supreme Judicial Court of Maine

Pendleton v. Millington

400 A.2d 353, 1979 Me. LEXIS 583

DecidedApril 17, 1979

StatusPublished

This text of 400 A.2d 353 (Pendleton v. Millington) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pendleton v. Millington, 400 A.2d 353, 1979 Me. LEXIS 583 (Me. 1979).

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Opinion

MEMORANDUM OF DECISION

Donald E. and Anne M. Millington (defendants) have appealed from a Waldo County Superior Court grant of partial summary judgment, made final pursuant to Rule 54(b), M.R.Civ.P. on August 8,1978, by which they were ordered to convey, pursuant to their obligations under a “Bond for a Deed,” a certain parcel of land to Virgil D. and Estelle F. Pendleton (plaintiffs).

Since the only factual disputes asserted to remain for adjudication concern conditions which this Court has designated “not independently viable” under such a bond (Perkins v. Penney, Me., 387 A.2d 205, 208 (1978)), none can qualify as a “genuine issue as to any material fact” within the meaning of Rule 56(c), M.R.Civ.P.

This case falls squarely within the holding of Perkins, supra, and is controlled thereby.

The entry will be:

Appeal denied.

Judgment affirmed.

Remanded to the Superior Court, Waldo County, for further proceedings.

WERNICK and NICHOLS, JJ., did not sit.

DUFRESNE, A. R. J., sat by assignment.

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