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SUN VALLEY &C. CO. v. WATTS

No. 4160.

98 N.H. 428 (1954)

SUN VALLEY BEACH, INC. v. EDWIN G. WATTS & a.

Supreme Court of New Hampshire.

Decided January 29, 1954.

Attorney(s) appearing for the Case

Richard E. Shute (by brief and orally), for the plaintiff.

Frank A. Batchelder and Thomas B. Murphy (of Massachusetts), for the defendants.

DUNCAN, J.

If there are restrictions against commercial use in force against the lot which the plaintiff has undertaken to sell to the defendants, they constitute an encumbrance upon the title so that the plaintiff could not convey free from all encumbrances as it has agreed to do. Nashua Hospital v. Gage, 85 N.H. 335, 336. It was settled by the Gage case that: "Whenever it appears that the original owner has adopted a general scheme of development...

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