ANCTIL v. SIMONEAU

No. 4024.

97 N.H. 69 (1951)

J. WILFRED ANCTIL & a. v. JOSEPH SIMONEAU.

Supreme Court of New Hampshire.

May 1, 1951.


Attorney(s) appearing for the Case

J. Leonard Sweeney and J. Russell Widener (Mr. Widener orally), for the plaintiffs.

Morris D. Stein (by brief and orally), for the defendant.


DUNCAN, J.

The defendant takes the position that the evidence conclusively established that the lease was "broken" by the lessees, and that no breach by the defendant lessor was established. The written lease given by the defendant required that the rent be paid in advance, and provided that the lessor might reenter upon nonpayment of the rent, or "in case of the Lessees' insolvency, or the institution of bankruptcy proceedings by or against them." The evidence tended...

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