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GULF OIL CORP. v. RYBICKI

No. 4706.

102 N.H. 51 (1959)

GULF OIL CORPORATION v. WILLIAM C. RYBICKI & a.

Supreme Court of New Hampshire.

Decided April 7, 1959.

Attorney(s) appearing for the Case

Booth, Wadleigh, Langdell, Starr & Peters (Mr. Starr orally), for the plaintiff.

Green, Green, Romprey & Sullivan (Mr. Samuel Green orally), for the defendants.

LAMPRON, J.

The granting of specific performance of a contract rests in the sound discretion of the Court which grants or withholds the relief according to all the circumstances of the case. Bourn v. Duff, 96 N.H. 194, 200; Gregoire v. Paradis, 100 N.H. 21, 22. When, as in this case, the Trial Court has ordered specific performance the decree will be sustained unless it appears...

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