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MCMANUS v. ROSEWOOD REALTY TRUST

No. 94-513.

143 N.H. 78 (1998)

LAWRENCE P. MCMANUS v. ROSEWOOD REALTY TRUST, PATRICIA LARSON-KULAK, TRUSTEE

Supreme Court of New Hampshire.

October 8, 1998.

Attorney(s) appearing for the Case

Tober Law Offices, P.A., of Portsmouth (Heidi E. Shealy on the brief and orally), for the plaintiff.

Coolidge Professional Association, of Somersworth (Brian R. Barrington on the brief and orally), for the defendant.

MEMORANDUM OPINION

BROCK, C.J.

The defendant, Rosewood Realty Trust, appeals the decision of the Superior Court (Coffey, J.) awarding the plaintiff, Lawrence P. McManus, an auctioneer's commission for his services in the auction of the defendant's property. We reverse and remand.

On September 23, 1987, the plaintiff conducted an auction of a piece of commercial property that the defendant owned in Rye. The buyer never closed on the property...

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