GOGLIA v. RAND

No. 6463.

114 N.H. 252 (1974)

SAM GOGLIA v. JEANNE RAND & a. COEXECUTRICES OF THE ESTATE OF THOMAS HIXON.

Supreme Court of New Hampshire.

April 30, 1974.


Attorney(s) appearing for the Case

Normandin, Cheney & O'Neil and David O. Huot (Mr. Huot orally) for the plaintiff.

Nighswander, Lord, Martin & KillKelley, Willard G. Martin and Michael C. Murphy (Mr. Murphy orally) for the defendants.


DUNCAN, J.

These actions in assumpsit were brought by Sam Goglia, against his lessor, Thomas Hixon, for damages arising out of alleged breach of two commercial leases. Hixon filed three counts in counterclaim: one in debt for unpaid rent, and two others that were subsequently waived. Hixon died before trial, and his coexecutrices were substituted as defendants. Trial by the court resulted in a general verdict for the plaintiff in the sum of $1700. There were no requests...

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