RABE v. CARNABY

No. 79-332.

120 N.H. 809 (1980)

DENNIS J. RABE v. MICHAEL J. CARNABY & a. MICHAEL J. CARNABY & a. v. RONALD B. MOORES d/b/a R. B. MOORES ASSOCIATES

Supreme Court of New Hampshire.

December 17, 1980.


Attorney(s) appearing for the Case

R. Laurence Cullen, of Hampton, by brief and orally, for the plaintiff Dennis J. Rabe.

G. Page Brown, Jr., of Exeter, by brief and orally, for the plaintiff-defendants Michael J. Carnaby and Ann J. Carnaby.

Taylor & Gray, of Portsmouth (Alvin E. Taylor orally), for the defendant Ronald B. Moores.


BROCK, J.

This appeal primarily involves an action brought by the seller (Carnaby) of certain real estate against a surveyor whom he had retained at the time he purchased the property. The seller alleges that the surveyor had negligently drawn a subdivision plan that incorrectly showed that one of the lots had direct access to town water. This action was tried below with a deceit action which the purchaser of the lot in question...

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