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DRISCOLL REALTY CO. v. DOVER SHOPPING PLAZA CO.

No. 5626.

108 N.H. 311 (1967)

DRISCOLL REALTY, INC. v. DOVER SHOPPING PLAZA, INC. & a.

Supreme Court of New Hampshire.

Decided October 31, 1967.

Attorney(s) appearing for the Case

Burns, Bryant, Hinchey & Nadeau (Mr. Joseph P. Nadeau orally), for the plaintiff.

Upton, Sanders & Upton (Mr. Frederic K. Upton orally), for K. & R. Corp. and Kent-McCray of Dover, Inc.

DUNCAN, J.

The agreement of October 6, 1959, provided for the sale and transfer of certain real estate in Dover by the plaintiff and others to Tompkins for the purpose of erecting a shopping center. It contained in paragraph 9 a provision that "if construction of the shopping center is not commenced and if buildings have not been erected on land deeded by Driscoll to said Tompkins within two (2) years of the date of this agreement, the said Driscoll may at his option...

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