MAILLOUX v. DICKEY

No. 85-518.

129 N.H. 62 (1986)

RICHARD MAILLOUX v. ARTHUR A. DICKEY AND JOSEPH P. KING. RICHARD MAILLOUX v. ARTHUR A. DICKEY.

Supreme Court of New Hampshire.

December 31, 1986.


Attorney(s) appearing for the Case

Wiggin & Nourie, of Manchester (Edward L. Cross, Jr., on the brief and orally), for the plaintiff.

McLane, Graf, Raulerson & Middleton P.A., of Manchester (Thomas J. Donovan on the brief and orally), for the defendant Arthur A. Dickey.

Malloy & Sullivan P.C., of Manchester (Donald A. Kennedy on the brief), and Cullity, Kelley & McDowell, of Manchester (Joseph F. McDowell, III, orally), for the defendant Joseph P. King.


BATCHELDER, J.

In this case, the plaintiff appeals from a denial of specific performance of a purchase and sale agreement for land and from a refusal to set aside the sale of that land to a third party. The purchase and sale agreement contained a clause indicating the agreement would terminate upon the failure of the parties to close the transaction by November 5, 1984. On November 11, when the sale had not been closed, defendant Arthur Dickey entered into a purchase...

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