Christiansen v. Capen

Plaintiifs below began an action seeking return of a deposit made by them under an agreement to buy real estate from the defendants, alleging inability to finance the transaction, a condition of the agreement. Service of the complaint was accepted by defendants’ attorney. He filed no answer or appearance, however, and a default judgment, on motion, resulted on March 14, 1980. On March 25, he filed a motion for leave to answer out of time, and a proposed answer. On April 4, he filed a motion to set aside the judgment order under V.R.C.P. 60(b), alleging illness on his part and unavailability…