ERIN REALTY CO. v. 688 PROPS.

No. 78-167.

118 N.H. 881 (1978)

ERIN REALTY CO., & a. v. 688 PROPERTIES.

Supreme Court of New Hampshire.

December 20, 1978.


Attorney(s) appearing for the Case

Kfoury & Williams, of Manchester (Joseph Williams orally), for the plaintiff.

O'Neill, Backus & Spielman, of Manchester (Robert A. Backus orally), for the defendant.


GRIMES, J.

This is a declaratory judgment action under RSA 491:22 seeking definition of a term in a commercial lease. The issue presented is whether the trial court erred in ruling that the term "lessor's cost of acquisition" included the cost of a second mortgage on the property. We hold that the ruling below was correct.

The plaintiffs in this case, Erin Realty Co. and Erin Food Services, Inc., are affiliated companies...

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