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McMULLIN v. DOWNING

No. 89-531.

135 N.H. 675 (1992)

DONALD McMULLIN v. LEON DOWNING

Supreme Court of New Hampshire.

June 25, 1992.

Attorney(s) appearing for the Case

Schroeder, McLetchie & Clough, of Ossipee (Erland C. L. McLetchie on the brief and orally), for the plaintiff.

Anthony G. Demetracopoulos and Elizabeth Cazden, of Manchester (Mr. Demetracopoulos and Ms. Cazden on the brief, and Mr. Demetracopoulos orally), for the defendant.

John P. Arnold, attorney general (Terry L. Robertson, senior assistant attorney general, on the brief and orally), for the State as amicus curiae.

HORTON, J.

The plaintiff, Donald McMullin, appeals from a partial verdict in favor of the defendant, Leon Downing. The Superior Court (Dickson, J.) issued the partial verdict on the defendant's counterclaim for breach of contract. The plaintiff asserts the following error: (1) failure to reduce the counterclaim by the $1,750 still owed the plaintiff on the contract; (2) awarding damages for repairs to items not contained in the contract; (3) failing to qualify...

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