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LOWELL v. FIRST CHURCH OF CHRIST.

No. 4656.

101 N.H. 363 (1958)

LINWOOD LOWELL v. FIRST CHURCH OF CHRIST, SCIENTIST & a.

Supreme Court of New Hampshire.

Decided July 1, 1958.

Attorney(s) appearing for the Case

Charles W. Tobey, Jr. (by brief and orally), for the plaintiff.

Upton, Sanders & Upton and Wesley E. Whitney (Mr. Whitney orally), for the defendants.

DUNCAN, J.

The ground upon which the Trial Court relied in granting the defendants' motion to dismiss does not appear. In Robinson Company v. Drew, 83 N.H. 459, 461, this court said: "If [the optionor] says that he may decide to sell and that if he does, he will give the optionee the right to buy at the price he sets, the optionee, having given consideration, has acquired a conditional right to buy, and the fulfillment of the conditions makes the right...

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