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LAHEY v. SHAW

No. 82-045.

123 N.H. 648 (1983)

WILFRED E. LAHEY v. CHARLES T. SHAW & a.

Supreme Court of New Hampshire.

August 31, 1983.

Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord (Russell F. Hilliard on the brief and orally), for the plaintiff.

Lloyd N. Henderson, of Antrim, by brief and orally, for the defendants.

KING, C.J.

The defendants appeal the granting of a new trial by the Superior Court (Flynn, J.) in this contract case.

The plaintiff, Wilfred E. Lahey, owned a parcel of real estate in Weare. He agreed to sell the parcel to the defendants, Charles T. Shaw and Sandra C. Shaw; the parties also agreed that the plaintiff would make certain improvements to the property for $15,781.30. Prior to the commencement of this work, the defendants paid the

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