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HILDRETH v. BERGERON

No. 5976.

110 N.H. 197 (1970)

FREDERICK HILDRETH, individually and formerly d/b/a ROCHESTER FOOD OUTLET and HILDRETH'S SUPERETTE DISCOUNT STORE. v. LUCIEN E. BERGERON, individually and d/b/a LUCIEN BERGERON INSURANCE AGENCY.

Supreme Court of New Hampshire.

March 31, 1970.

Attorney(s) appearing for the Case

Ovila J. Gregoire and Upton, Sanders & Upton and Ernest T. Smith, III (Mr. Smith orally), for the plaintiff.

Calderwood, Silverman & Ouellette and William B. Cullimore (Mr. Cullimore orally), for the defendant.

GRIFFITH, J.

Defendant's exception to the denial of his motion to dismiss on the pleadings was reserved and transferred by Leahy, C. J. In determining this issue all facts properly pleaded by the plaintiff and all reasonable inferences therefrom are considered as true. Aldrich v. Beauregard & Sons, 105 N.H. 330, 200 A.2d 14.

The plaintiff claims that the defendant...

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