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REAL ESTATE ADVISORS v. WHITTIER LIFTS

No. 88-119

132 N.H. 638 (1990)

REAL ESTATE ADVISORS, INC. d/b/a THE CHENEY COMPANIES v. WHITTIER LIFTS, INC. & WHITTIER LIFTS TRUST WHITTIER LIFTS, INC. & WHITTIER LIFTS TRUST v. WALTER CHENEY

Supreme Court of New Hampshire.

January 31, 1990.

Attorney(s) appearing for the Case

Devine, Millimet, Stahl & Branch P.A., of Manchester, and Merrill & Broderick, of Manchester (Mark W. Dean on the brief and orally), for Real Estate Advisors.

Sheehan, Phinney, Bass & Green P.A., of Manchester (James Q. Shirley and Marc W. McDonald on the brief, and Mr. Shirley orally), for Whittier Lifts.

SOUTER, J.

The Superior Court (Charles T. Gallagher, Esq., Master; Dickson, J.) dismissed the buyer's petition for specific enforcement of a land sale contract, citing the buyer's own breach; in the seller's action on the contract, only nominal damages were awarded. Thereafter, the Court (O'Neil, J.), on the recommendation of the same master, dismissed the seller's claim under the buyer's bond for costs and damages that might result from an order...

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