BEZANSON v. HAMPSHIRE MEADOWS DEV. CORP.

No. 96-686.

144 N.H. 298 (1999)

DENNIS BEZANSON, TRUSTEE OF ATOM CONTRACTING, INC. v. HAMPSHIRE MEADOWS DEVELOPMENT CORP.

Supreme Court of New Hampshire.

November 18, 1999.


Attorney(s) appearing for the Case

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

Steven G. Shadallah, of Salem, by brief and orally, for the defendant.


THAYER, J.

The plaintiff, Dennis Bezanson, trustee for Atom Contracting, Inc. (Atom), appeals from a Superior Court (Groff, J.) order issued after a lengthy trial. The court reduced the plaintiff's damages arising from defendant Hampshire Meadows Development Corporation's breach of contract by the amount of the defendant's damages, even though the defendant did not file a claim for recoupment. We affirm in part, reverse in part, and remand.

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