Legal Opinion

Martin v. Phillips

Supreme Court of New Hampshire

Decided January 20, 1982No. 80-321PublishedCited by 15 opinions

1Opinion of the CourtBrock, J.

In this construction contract case, the issue is whether the Master (Mayland Morse, Esq.) erred in his calculation of damages to be awarded under the defendant’s counterclaim. We hold that an error has been committed and remand for a redetermination of damages.

*36In 1978, the parties entered into a contract that called for the plaintiff, Lawrence A. Martin, to build a house for the defendants. The contract price was $48,690, and the “stated allowances” were set for a variety of items such as carpeting and kitchen cabinets.

Before the house was completed, the defendants became dissatisfied with…

2Cases cited8 opinions

  1. American University v. ForbesSupreme Court of New Hampshire · 1936
  2. Hurd v. DunsmoreSupreme Court of New Hampshire · 1884
  3. Belknap Textiles, Inc. v. Belknap Industries, Inc.Supreme Court of New Hampshire · 1981
  4. Zareas v. SmithSupreme Court of New Hampshire · 1979
  5. Nute v. BlaisdellSupreme Court of New Hampshire · 1977

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3Cited by15 opinions

  1. Dcpb, Inc. v. City of Lebanon, Dcpb, Inc. v. City of LebanonCourt of Appeals for the First Circuit · 1992
  2. Petrie-Clemons v. ButterfieldSupreme Court of New Hampshire · 1982
  3. R. Zoppo Co. v. City of ManchesterSupreme Court of New Hampshire · 1982
  4. Restaurant Operators, Inc. v. JenneySupreme Court of New Hampshire · 1986
  5. Luckey v. Alside, Inc.District Court, D. Minnesota · 2017

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