PAGE v. WILLEY

No. 93-186.

139 N.H. 33 (1994)

GERALD AND JANICE PAGE v. WILLIAM WILLEY d/b/a SLEEPING BEAR CONSTRUCTION

Supreme Court of New Hampshire.

September 26, 1994.


Attorney(s) appearing for the Case

Cooper, Hall, Whittum & Shillaber, P.C., of Rochester (Daniel J. Harkinson on the brief and orally), for the plaintiffs.

Gary R. Cassavechia, of Rochester, by brief and orally, for the defendant.


THAYER, J.

The defendant, William Willey, appeals from an order of the Superior Court (Coffey, J.) finding that his installation of a defectively undersized culvert caused a large section of the plaintiffs' yard to erode during a heavy rain storm. The defendant argues, inter alia, that the trial court erred in allowing the plaintiffs, Gerald and Janice Page, to sue under an implied warranty theory because the...

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