DEFILLIPO v. TESTA

No. 7651.

117 N.H. 704 (1977)

ANTHONY F. DEFILLIPO & a. v. VINCENT M. TESTA & a.

Supreme Court of New Hampshire.

September 30, 1977.


Attorney(s) appearing for the Case

Perkins, Holland, Donovan & Beckett, of Exeter (Mr. William H. M. Beckett orally), for plaintiffs Anthony F. and Viola J. DeFillipo.

Burns, Bryant, Hinchey, Cox & Shea, of Dover, and Michael P. Thornton (Mr. Thornton orally), for defendants Vincent M. Testa and Dominic Radocckia.


LAMPRON, J.

Action by plaintiffs against defendants Vincent M. Testa and Dominic Radocckia individually and d.b.a. Modular Building Components, Inc. Plaintiffs sought to recover an initial deposit of $5,000, and $40,000 subsequently paid, toward the purchase of certain land in Exeter and four town houses to be built thereon. At the beginning of the trial before a Master (Leonard C. Hardwick, Esq.), plaintiffs took a voluntary nonsuit against Modular Building...

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