DiPerri v. Tothill

This is an appeal from a decision of the Superior Court (Wyman, J.) in a negligent misrepresentation and breach of contract case. We reverse.

In April 1980, the plaintiffs, Ronald and Marie DiPerri, as buyers, entered into a purchase and sale agreement with the defendants, Dorothy and David Tothill, for the sale of the real estate, equipment and inventory of Mountain’s General Store, in Center Barnstead. The ultimate purchase price was $92,677.72. The Bank of New Hampshire (Bank) held a note secured by a mortgage from the Tothills on the property. The defendants represented to the plaintiffs…