DUHAMEL v. PRESCOTT

No. 4577.

101 N.H. 108 (1957)

YVONICK DUHAMEL & a v. JOHN O. PRESCOTT & a.

Supreme Court of New Hampshire.

Decided September 30, 1957.


Attorney(s) appearing for the Case

Bernard I. Snierson and John P. Chandler (Mr. Chandler orally), for the plaintiffs.

Upton, Sanders & Upton (Mr. Richard F. Upton orally), for the defendants John O. and Samuel J. Prescott.


WHEELER, J.

The master found that when the plaintiffs discussed purchase of the property, they were fully aware of the existing restrictions and that they purchased relying upon the statement of Ellsworth Eddy that John O. Prescott, by an instrument dated June 1, 1954, had released the restrictions. It was further found that after execution Eddy had inserted, without authorization of either party, a clause in this instrument which purported to remove the restrictions...

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