Richard D. Arell, Jr. & a. v. Henry M. Palmer & a.

Summary

The New Hampshire Supreme Court reversed the Superior Court’s summary‑judgment order, holding that the deed granting a temporary easement to use a well is clear and imposes no affirmative duty on the Palmers to develop another water source, and that the rule of reason does not apply when the deed language is unambiguous. The court remanded for further proceedings.