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RUSSELL v. HIXON

No. 7477.

117 N.H. 35 (1977)

WESLEY L. RUSSELL & a. v. RACHEL E. HIXON & a.

Supreme Court of New Hampshire.

January 31, 1977.

Attorney(s) appearing for the Case

Craig, Wenners, Craig & McDowell, of Manchester (Joseph F. McDowell III, orally) for the plaintiffs.

Nighswander, Lord, Martin & KillKelley, of Laconia, and David S. Osman, of Plymouth (Mr. Osman orally) for the defendant Rachel E. Hixon.

Normandin, Cheney & O'Neil, of Laconia, and David O. Huot (Mr. Huot orally) for the defendant Laconia Savings Bank.

LAMPRON, J.

These actions arise out of the sale of certain real estate in Laconia, New Hampshire, on April 3, 1972. Prior to trial, the defendants seasonably objected to the denial of certain written and oral motions to dismiss for failure to state a claim for which relief can be granted. The Trial Court (Flynn, J.) further framed a question for transfer on the application of comparative negligence in the action against the defendant Laconia Savings Bank. All...

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