Peoples Heritage Bank v. Pease

[¶ 1] Rodney Pease appeals from a judgment entered in the District Court (Bangor, Russell, J.) in favor of Peoples Heritage Bank on Peoples’ complaint alleging that Pease is in breach of the terms of a *355mortgage given to secure Pease’s debt to Peoples. Because the District Court erred in concluding that Peoples could avoid the repayment agreement it entered into with Pease, and that no damages flowed from Peoples breach of the agreement, we vacate the judgment and remand for a determination of the remedy with respect to Pease’s counterclaim.

[¶ 2] The District Court found the following facts.…