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CONTINENTAL CABLEVISION OF N.H. v. OSGOOD LODGE

No. 82-173.

123 N.H. 215 (1983)

CONTINENTAL CABLEVISION OF NEW HAMPSHIRE, INC. v. OSGOOD LODGE #48 I.O.O.F. BUILDING ASSOCIATION & a.

Supreme Court of New Hampshire.

March 28, 1983.

Attorney(s) appearing for the Case

Shaines, Madrigan & McEachern, of Portsmouth (Paul McEachern and Gregory D. Robbins on the brief, and Mr. Robbins orally), for the plaintiff.

Taylor, Gray & Keane P.A., of Portsmouth (Douglas R. Gray on the brief and orally), for the defendant Osgood Lodge #48 I.O.O.F. Building Association.

Upton, Sanders & Smith, of Concord (Gary B. Richardson on the brief and orally), for the defendant Grand Lodge of New Hampshire, I.O.O.F.

KING, C.J.

This appeal arises out of a petition for specific performance of an option to purchase a multi-story building for a fixed price, which was included in a lease. The defendants appealed a superior court order approving the recommendation of a master that specific performance be granted. We reverse and remand.

On January 7, 1971, the defendant Osgood Lodge #48 I.O.O.F. (Independent Order of Odd Fellows) Building Association (Osgood

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