Barrett v. Gagnon

OPINION

RABINOWITZ, Chief Justice.

The central question in this appeal is whether the trial court abused its discretion by virtue of its refusal to grant appellant’s motion for continuance of the trial. On the particular facts of this record we hold that the superior court’s denial of a continuance was an abuse of discretion.

On August 31, 1970, appellant Barrett signed an agreement to purchase real property from appellee Elmer Gagnon; the agent in this transaction was appellee Esther Byrnes of Byrnes Realty. The purchase price of $30,000 was to be paid in monthly installments of $600. Barrett…