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BAILLARGEON v. BRODHEAD FORD SALES, INC.

No. 78-188.

118 N.H. 790 (1978)

CLIFFORD BAILLARGEON v. BRODHEAD FORD SALES, INC. AND DOVER FORD, INC.

Supreme Court of New Hampshire

November 15, 1978.

Attorney(s) appearing for the Case

Flynn, McGuirk & Blanchard, of Portsmouth (Raymond P. Blanchard orally), for the plaintiff.

Boynton, Waldron, Dill & Aeschliman, of Portsmouth (Richard E. Dill orally), for the defendants.

MEMORANDUM

On March 2, 1973, Dover Ford, Inc. [hereinafter Dover], purchased the assets of Brodhead Ford Sales [hereinafter Brodhead], and notified all disclosed creditors of Brodhead that it had purchased Brodhead's assets. The notice and list of creditors' names supplied did not include the plaintiff. The plaintiff instituted suit in June 1973 to recover in assumpsit for a breach of contract. Service was made on Brodhead and one "Bob Brodeur, person in apparent...

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