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MERTENS v. WOLFEBORO NAT'L BANK

No. 78-210.

119 N.H. 453 (1979)

EDWARD J. AND LAURIE MERTENS v. WOLFEBORO NATIONAL BANK, CLARENCE MARTIN ASSOCIATES, & JAMES BENNETT.

Supreme Court of New Hampshire.

June 20, 1979.

Attorney(s) appearing for the Case

Edward J. Mertens, by brief and orally, pro se, for the plaintiffs.

Sands & Patten, of Ossipee, for defendant Wolfeboro National Bank, waived brief and oral argument.

Clarence O. Martin, pro se, waived brief and oral argument.

Michael & Jones, of Rochester, for defendant James Bennett, waived brief and oral argument.

BROCK, J.

This is an action for damages arising out of a defective septic system in a house in Brookfield which the plaintiffs purchased from the Wolfeboro National Bank in the spring of 1976. The plaintiffs claim that when James Bennett, an employee of Clarence Martin Associates real estate brokers, showed them the house he negligently misrepresented to them that the septic system was in good repair. After trial to the Court (Dunfey, C.J.), a verdict was returned...

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