Dufort v. Bangs

Defendant Norman Bangs appeals from the judgment of the Superior Court (York County, Saufley, J.) ordering foreclosure and judgment of sale on a real estate mortgage he granted to plaintiffs Robert and Meredith Dufort. He contends that the court erred in denying his counterclaims that asserted a mutual mistake of fact as the basis for the right to rescind or set-off. In addition he contests the award of attorney fees to plaintiffs on the foreclosure action.

The evidence may be summarized as follows: Defendant agreed to purchase an undeveloped lot from plaintiffs, conditioning the sale on a…