MILLS v. NASHUA FED. SAV'S AND LOAN ASSOC.

No. 80-259.

121 N.H. 722 (1981)

MICHAEL M. MILLS, JR. & a. v. NASHUA FEDERAL SAVINGS AND LOAN ASSOCIATION.

Supreme Court of New Hampshire.

August 10, 1981.


Attorney(s) appearing for the Case

William M. Ladd, of Hollis, on the brief and orally, for the plaintiffs.

Smith, Currier, Connor, Wilder & Lieberman P.A., of Nashua (Philip R. Currier on the brief and orally), for the defendant.


BOIS, J.

In this case of first impression we are asked to decide whether a due-on-sale clause contained in a mortgage instrument constitutes a per se unreasonable restraint on alienation or whether the manner in which it was applied amounted to an unreasonable restraint on alienation. In both instances we answer in the negative and, therefore, affirm the result below.

On February 18, 1977, the plaintiffs purchased certain property in Nashua from William L...

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