GROSSMAN v. MURRAY

No. 94-634.

141 N.H. 265 (1996)

STEWART F. GROSSMAN, TRUSTEE OF THE MURRAY CREDITORS' TRUST v. DAVID W. MURRAY, INDIVIDUALLY AND DAVID W. MURRAY D/B/A ERIN REALTY COMPANY, D/B/A SECOND LEASING COMPANY, D/B/A CHARMING FARE COUNTRY CLUB, D/B/A LEASED RESTAURANT EQUIPMENT COMPANY

Supreme Court of New Hampshire.

August 7, 1996.


Attorney(s) appearing for the Case

Hoefle & Phoenix, P.A., of Portsmouth (Daniel C. Hoefle and Lawrence B. Gormley on the brief, and Mr. Gormley orally), for the plaintiff.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (Charles J. Dunn and William S. Gannon on the brief, and Robert E. Murphy, Jr., orally), for the defendant.


THAYER, J.

The plaintiff, Stewart F. Grossman, as trustee of the Murray Creditors' Trust (trust), brought a plea of assumpsit in Superior Court (Sullivan, J.) to recover the amount of real estate taxes paid on certain real property held in the trust. The defendant, David W. Murray, conceded liability for the taxes but filed a counterclaim seeking damages for breach of a right of first refusal to purchase the property. The superior court granted summary judgment...

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