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HALLISEY v. DECA CORP.

No. 94-303.

140 N.H. 443 (1995)

LEONARD F. AND JUDITH R. HALLISEY v. DECA CORPORATION

Supreme Court of New Hampshire.

November 15, 1995.

Attorney(s) appearing for the Case

Law Office of David M. Groff, of Pelham (David M. Groff on the brief and orally), for the plaintiffs.

Law Office of Mark B. Johnson, of Andover, Massachusetts (Mark B. Johnson on the brief and orally), for the defendant.

BATCHELDER, J.

The plaintiffs, Leonard F. and Judith R. Hallisey, appeal the decision of the Superior Court (Goode, J.) that res judicata barred their suit against the defendant, DECA Corporation. We reverse and remand.

In 1989, the plaintiffs entered into an agreement to purchase two lots of land in a subdivision in Derry from the defendant. The $110,000 purchase price included $10,000, or $5,000 per lot, specifically designated for site preparation...

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