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LEAVITT v. STANLEY

No. 89-137

132 N.H. 727 (1990)

PETER J. LEAVITT v. DEBRA OWEN STANLEY

Supreme Court of New Hampshire.

March 8, 1990

Attorney(s) appearing for the Case

Peter J. Leavitt, by brief and orally, pro se.

Law Offices of Robert V. Johnson, II, of Concord (Debra Owen Stanley on the brief and orally), for the defendant.

MEMORANDUM OPINION

JOHNSON, J.

This is an appeal from a ruling by the Pittsfield District Court (Kidder, Sp. J.) awarding the plaintiff $360 based on a theory of mutual mistake of fact concerning a defect in a used car. We find that the district court erred as a matter of law, and accordingly we reverse.

[1] Since there is no record of the trial court proceedings below, the only facts...

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