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· 8/23/2002

Pomfret Farms Ltd. Partnership v. Pomfret Associates

Citations

  • 811 A.2d 655
  • 174 Vt. 280
  • 2002 Vt. LEXIS 225

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that res judicata doctrine relieves parties of the “vexation of multiple lawsuits, conserves judicial resources, and, by preventing inconsistent decisions, encourages reliance on adjudication” (quotation omitted)
  • holding misrepresentation. claims were barred by compulsory counterclaim rule when they were not asserted in mortgage foreclosure action because mortgagee also sought in personam judgment on the underlying promissory note
  • applying a compulsory counterclaim rule identical to Rule 13(a) and finding that the plaintiffs misrepresentation claim was compulsory because it arose from the same property transaction that gave rise to the opposing party’s claim for recovery on a mortgage note
  • for purposes of the compulsory counterclaim rule, individual partners of partnership were in privity with partnership
  • “[A] 10 claim has a logical relationship to the original claim if it arises out of the same aggregate of 11 operative facts as the original claim . . . .” (citation omitted) (alteration in original)

Source: CourtListener parenthetical corpus (CC0).

Judges: Amestoy, Dooley, Morse, Johnson, Kupersmith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.