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[Download] "Barbara M. Borchardt v. Gerald P. and" by United States Court of Appeals for the Third Circuit " eBook PDF Kindle ePub Free

Barbara M. Borchardt v. Gerald P. and

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eBook details

  • Title: Barbara M. Borchardt v. Gerald P. and
  • Author : United States Court of Appeals for the Third Circuit
  • Release Date : January 25, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

Gerald and Patricia Wilk appeal from a judgment awarding Barbara Borchardt her full attorneys fees in Borchardts suit on a promissory note and mortgage. The Wilks argue that Borchardt is not entitled to attorneys fees under the note and mortgage because Borchardts claim was defeated by the Wilks successful counterclaim. Since Borchardts recovery was greater than the Wilks counterclaim recovery, we conclude that Borchardts attorneys fees recovery should be in proportion to her net recovery. Accordingly, we reverse the judgment and remand for reassessment of attorneys fees.


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