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Actions to Reform or Rescind Contract

An action to cancel, reform, or rescind the contract and an action for enforcement of rights under the same contract do not mutually abate each other.  The causes of action and reliefs sought are not the same and therefore such suits are not grounds for abatement of a second action.  Even if the parties and subject-matter are the same, separate actions are allowed where special remedies can be reached only by different kinds of litigation, as when mortgage foreclosure is sought in one court concurrently with recovery on the secured note being pursued in another. [Woodbury Lumber Co. v. McIntosh, 125 Vt. 154 (Vt. 1965)].

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