Bonin v. Howard

Plaintiff brought this suit in Rockingham Superior Court to recover $3,395 in damages for fraud, deceit and misrepresentation in the sale of a new house in Newton, New Hampshire. Trial by jury was terminated by the court’s granting of defendant’s motion for nonsuit at the end of plaintiff’s case on the ground that plaintiff failed to prove that any fraudulent representations were made. Plaintiff’s exception to the granting of the motion was reserved and transferred by Cann, J.

The question presented is whether in the sale of a new house plaintiff can recover from the seller amounts spent after…