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ERIN FOOD SERVICES, INC. v. DERRY MOTEL, INC.

No. 87-329.

131 N.H. 353 (1988)

ERIN FOOD SERVICES, INC. v. DERRY MOTEL, INC.

Supreme Court of New Hampshire.

December 30, 1988.

Attorney(s) appearing for the Case

Gallagher, Callahan & Gartrell P.A., of Concord (James L. Kruse and Mark T. Broth on the brief, and Mr. Broth orally), for the plaintiff.

Malloy & Sullivan, of Manchester (Donald A. Kennedy on the brief and orally), for the defendant.

SOUTER, J.

In this appeal from an order of the Superior Court (C. Flynn, J.) requiring specific performance of a real estate option contract, the defendant-seller claims that the plaintiff-buyer breached the agreement by failing to satisfy an affirmative obligation to obtain required subdivision approval and by failing to make tender of performance that was both timely and adequate in other respects. The defendant claims further that specific performance is...

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