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PHELAN v. L.M. & L. CORP.

No. 82-430

123 N.H. 294 (1983)

JOSEPH F. PHELAN v. L. M. & L. CORP.

Supreme Court of New Hampshire.

May 6, 1983

Attorney(s) appearing for the Case

Joseph F. Phelan, of Perkinsville, Vermont, by brief, pro se.

Buckley & Zopf, of Claremont (Robert B. Buckley, Jr., on the brief), by brief for the defendant.

MEMORANDUM OPINION

In 1973, the defendant corporation entered into a lease agreement with a predecessor in title to the plaintiff, Joseph F. Phelan. The agreement was due to expire on June 30, 1982. The defendant failed to pay its rent for the month of May 1982, and on May 13, 1982, was served with a "notice to pay rent or vacate within five days after service."

On June 7, 1982, the plaintiff brought a small claims action for the rent which became due on...

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