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ELCA OF N.H., INC. v. McINTYRE

No. 85-515.

129 N.H. 114 (1987)

ELCA OF NEW HAMPSHIRE, INC., ELLIOTT TAYLOR & a. v. THOMAS MCINTYRE & a., AS TRUSTEES FOR MCINTYRE PROPERTIES

Supreme Court of New Hampshire.

March 5, 1987.

Attorney(s) appearing for the Case

Barto and Puffer P.A., of Concord (Mark H. Puffer on the brief and orally), for the plaintiffs.

Haughey, Philpot & Laurent, of Laconia (William Philpot, Jr., on the brief and orally), for the defendants.

THAYER, J.

The sole issue in this case is whether, in a commercial lease between the parties, a provision allowing the sale and consumption of non-alcoholic beverages should be interpreted as giving either a permissive or a restrictive right to use the property. The Trial Court (O'Neil, J.) found that the lease prohibited the sale and consumption of alcoholic beverages on the premises. For the reasons that follow,...

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