As for the common law claim, the trial court properly assigned the burden of proof as to the knowledge of the untruth of statements to the plaintiffs. See Vannote v. Laurie, 122 N.H. 952, 954, 453 A.2d 1252, 1253 (1982). We now turn to the Patches' contention that the judgment in favor of the Arsenaults on the equitable rescission and restitution claim and the denial of the Patches' request for related findings of fact were not supported by the evidence.
In the order denying the defendants' motion for reconsideration, the court stated that it understood the charge for fire protection to be related to water services to the sprinkler system and not for general fire protection. On the record, there is evidence to support the court's finding, and we will not therefore overturn this finding of fact. Vannote v. Laurie, 122 N.H. 952, 953, 453 A.2d 1252, 1253 (1982). We note that in the case of unpaid utility charges, municipalities have the power to prevent injustice to themselves by requiring deposits and discontinuing service when there are overdue accounts.