Markus & Nocka v. Julian Goodrich Architects, Inc.

The defendant Goodrich claims that the lower court assessed architect’s fees against him in favor of the plaintiff, without passing on his motion in bar of such a recovery. This motion is not classified a dilatory plea subject to the requirements of 12 V.S.A. §1034, but it is an affirmative matter which the defendant had the burden of advancing and establishing under 12 V.S.A. §1024. Other issues are also raised by this appeal, by the motion referred to goes to the right of the plaintiff to maintain the suit, and, being potentially dispositive of the litigation, is considered first.

The…