Legal Opinion

Berke Moore Co. v. Phoenix Bridge Co.

Supreme Court of New Hampshire

Decided July 1, 1953No. 4206PublishedCited by 5 opinions

1Opinion of the CourtDuncan, J.

The Trial Court found and ruled: “The contract between the parties consists of the subcontract and the plans and specifications referred to therein.” The dispute between the parties arises out of the following provision of the specifications, which appears in article 4.06.15 entitled “Measurement”: “The quantity of concrete to be paid for under Item 15a Concrete in Bridge Deck shall be the number of square yards of concrete surface included in the bridge deck, including the sidewalk. The concrete curbs shall be considered incidental to this item.” The rights of the parties turn upon the…

2Cases cited3 opinions

  1. Pfotzer v. United StatesUnited States Court of Claims · 1948
  2. Selectmen of Natick v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1911
  3. Frederick Snare Corp. v. Maine-New Hampshire Interstate Bridge AuthorityDistrict Court, D. New Hampshire · 1941

3Cited by5 opinions

  1. Baladevon, Inc. v. Abbott Laboratories, Inc.District Court, D. Massachusetts · 1994
  2. Ass'n of Portsmouth Teachers v. Portsmouth School DistrictSupreme Court of New Hampshire · 1973
  3. Copeland Process Corp. v. Nalews, Inc.Supreme Court of New Hampshire · 1973
  4. Detroit Edison Company v. ZonerMichigan Court of Appeals · 1968
  5. Detroit Edison Company v. ZonerMichigan Court of Appeals · 1968

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