NASHUA TRUST CO. v. MIDWAY EXCAVATORS, INC.

No. 82-313.

124 N.H. 633 (1984)

NASHUA TRUST COMPANY v. MIDWAY EXCAVATORS, INC. & a.

Supreme Court of New Hampshire.

April 6, 1984.


Attorney(s) appearing for the Case

Hamblett & Kerrigan P.A., of Nashua (John V. Dwyer, Jr., and James M. McNamee, Jr., on the brief), by brief for the plaintiff.

McLane, Graf, Raulerson & Middleton P.A., of Manchester (Linda Crandall Connell on the brief), by brief for the defendants, Midway Excavators, Inc. and Everett J. Prescott, Inc.


PER CURIAM.

The plaintiff, Nashua Trust Company, appeals from the granting of partial summary judgment in the amount of $57,793.29 for the defendants, Midway Excavators, Inc. and Everett J. Prescott, Inc. For the reasons which follow, we reverse and remand.

In 1978, the defendant Midway, general contractor under a sewer construction contract with the City of Dover, contracted with Electrical Distributors, Inc. (EDI) for the purchase of certain materials for...

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