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THE SUPREME COURT OF NEW HAMPSHIRE

  ___________________________


Belknap
No. 2008-622


ANTHONY L. LIVINGSTON

v.

18 MILE POINT DRIVE, LTD. d/b/a 18 MILE POINT DRIVE LIMITED PARTNERSHIP & a.

Argued:  February 12, 2009
Opinion Issued:  April 24, 2009

Boynton, Waldron, Doleac, Woodman & Scott, P.A., of Portsmouth (Charles B. Doleac and Heather Neville on the brief, and Ms. Neville orally), for the plaintiff.

Upton & Hatfield, LLP, of Portsmouth (Russell F. Hilliard on the brief and orally), for the defendants.

DALIANIS, J.  The defendants, 18 Mile Point Drive, Ltd. d/b/a 18 Mile Point Drive Limited Partnership, Walker G. Harman and Alfred W. Bowman, Jr., appeal the decision of the Superior Court (Smukler, J.), entered after a bench trial, which ordered specific performance of the option held by the plaintiff, Anthony L. Livingston, to purchase a 1.5-acre lot from the defendants.  We affirm.

The record supports the following facts.  The plaintiff owned twenty-two acres of land in Meredith, which he agreed to sell to the defendants, with an option to repurchase a 1.5-acre lot.  The twenty-two acres had been in the plaintiff

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New Hampshire Law