RENOVEST CO. v. HODGES DEVELOPMENT CORP.

No. 89-559.

135 N.H. 72 (1991)

RENOVEST COMPANY v. HODGES DEVELOPMENT CORPORATION

Supreme Court of New Hampshire.

December 6, 1991.


Attorney(s) appearing for the Case

Upton, Sanders & Smith, of Concord (Gilbert Upton and James F. Raymond on the brief, and Mr. Upton orally), for the plaintiff.

Cleveland, Waters and Bass P.A., of Concord (Craig L. Staples on the brief, and Roger Burlingame orally), for the defendant.


HORTON, J.

The plaintiff has taken appeal from the Superior Court's (Dickson, J.) order granting the defendant's motion to dismiss made at the close of the plaintiff's case during a jury-waived trial. Two questions are raised on appeal: (1) by what standard should we review the evidence when a judge grants a motion to dismiss during a jury-waived trial; and (2) whether the court erred in its findings and in its order of dismissal based thereon. We find no errors...

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