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O'CONNOR v. HANCOCK

No. 91-120.

135 N.H. 251 (1992)

JOHN W. O'CONNOR v. ANDREW HANCOCK

Supreme Court of New Hampshire.

February 24, 1992.

Attorney(s) appearing for the Case

Charles A. Russell, of Concord, by brief and orally, for the plaintiff.

Sulloway Hollis and Soden, of Concord, (James E. Owers and Jeanine L. Poole, on the brief and Mr. Owers orally) for the defendant.

MEMORANDUM OPINION

JOHNSON, J.

The defendant in this contract action appeals the Auburn District Court's (Larson, J.) grant of summary judgment in plaintiff's favor. The defendant alleges that there was a genuine issue of material fact that entitled him to a trial. For the reasons stated, we reverse.

The defendant, Andrew Hancock, is the sole shareholder, sole director and president of Baker Valley Lumber, Inc. (Baker Valley), a

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