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SALITAN v. TINKHAM

No. 4863.

103 N.H. 100 (1960)

SAMUEL S. SALITAN & a. d/b/a CREDIT INDUSTRIAL CO. v. FRED TINKHAM d/b/a PELHAM LUMBER CO.

Supreme Court of New Hampshire.

Decided November 30, 1960.

Attorney(s) appearing for the Case

Harkaway & Ryan for the plaintiffs.

Leonard & Leonard for the defendant.

DUNCAN, J.

The entry of summary judgment by the Trial Court implied a finding that "no genuine issue of material fact exists." RSA 491:8a (supp). See Nashua Trust Co. v. Sardonis, 101 N.H. 166, 170. The statute contemplates that such a finding may be made upon affidavit, and requires the moving party to file "affidavits based upon personal knowledge of admissible facts as to which it appears affirmatively that the affiants...

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