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MATTE v. SHIPPEE AUTO

No. 2004-189.

152 N.H. 216 (2005)

ROBERT MATTE & a. v. SHIPPEE AUTO, INC.

Supreme Court of New Hampshire.

Opinion Issued: May 20, 2005

Attorney(s) appearing for the Case

Bell & Hockensmith, of Keene (G. Jeremy Hockensmith on the brief and orally), for the plaintiffs.

Law Office of Steve J. Bonnette, P.C., of Keene (Steve J. Bonnette on the brief and orally), for the defendant.

NADEAU, J.

The plaintiffs, Robert Matte and Bob Matte's Raceway Motors, Inc., appeal an order of the Keene District Court (Talbot, J.) permitting an offset for damages against any unpaid rent by the defendant, Shippee Auto Inc., in this action to evict it from premises leased from the plaintiffs. We reverse and remand.

The record supports the following facts. The defendant leases space in a commercial building...

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