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than s ix months in the payment of instatlments due on the purchase
price and for unpaid taxee and insurance, Appeltant filed an answer,
an affirmative defense, and a counterclaim, Fssentially, che affirm-
ative defense and counterclaim alleged appellees were guitty of fatse
representatione in that they had warranted to appeltant that they would
sell the land and ~uilding thereon free of encumbrances, but that ae a
matter of fact a eidewatk and an c~utside stairway on the buildtng en-
croached upon neighbortng propert}?; that li[igation had ensued tnvolv-
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ing appellant; ~nd thst appellees had not rectified the s ituation. Appel-
lant sought (a) compensatory dam~ges for improvements she had made
arxl for loss of rentals as a re~u~t of the aforesaid encroachment and
(b) punitive damages for the purported misrepresentations.
After much skirmishing~ as indicated b}~ the trial judge, the
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case was tried by the cuurt. At ti~e conclusion of the triat the co~rt ~
fwnti appeliant was in default and that appellees were entitted to a
decree of foreclosure. However~ in an effort to try to resolve the
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~ differences between tire parties in an equitable fashien :he trial judge
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~ offered appellant the fotlawfng choice, If appeitant wc,~utd pay the past ~
~ ~ due taxes and the past due instailments and dismiss her caunterclaim,
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the court would reinstate the Agreement for Deed. If she ~voutd not
make the payments and dismi~s her counterclain:, the court would
proceed with tt~e forec:osure. An order of May 14, 1973, states that
after consultation with appellant her attorney announced to the court
that appeltant would accept reinstatement of the contraet and dismiss
~ the counterclaim. 'I'he order also (a) directed that the contract be
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reinstated, (b} adjudicated the amount due thereunder, (c) specified
the time when payments should be commenced, (d) dismissed the ;
counterclaim. (e) and provided that if appettant defaulted again the `
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800K 244 PACE~~c~
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