J & W INDUSTRIES, INC. v. FRANK ENTERPRISES, INC.

No. 6262.

111 N.H. 372 (1971)

J & W INDUSTRIES, INC. d/b/a J & W MOTORS v. FRANK ENTERPRISES, INC. & a.

Supreme Court of New Hampshire.

December 7, 1971.


Attorney(s) appearing for the Case

Harkaway, Gall & Shapiro (Mr. Aaron A. Harkaway orally) for the plaintiff.

Victor W. Dahar (by brief and orally) for the defendants.


KENISON, C.J.

The issue in this case is whether the federal income tax liability for 1968 of the plaintiff (also referred to in the record as J & W Enterprises, Inc.) was transferred as part of the sale of its automobile division, J & W Motors, (hereinafter referred to as Motors) to the defendants. The sales contract provided, inter alia, "The Buyer assumes and agrees to pay the outstanding obligations of J & W Motors."

The trial court found...

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